SHREEJI INTERIORS Vs. PROVIDENT HOUSING LIMITED

JUDGEMENT

(1.) The learned counsels for the parties are unanimous in their submission that the dispute inter se arises out of the Work Order dtd. 6/11/2019 (Annexure-B) issued by the respondent to the petitioner. They also submit that legal notices have been exchanged for constitution of an Arbitral Tribunal as contemplated under the arbitration agreement. However, the nominee Arbitrators have not been able to appoint an umpire Arbitrator notwithstanding the arbitration clause and the legal notices exchanged. But the parties are willing for arbitration by a Sole Arbitrator at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. They further submit that a retired District Judge could be appointed as a Sole Arbitrator. In the aforesaid circumstances, this Court is of the considered view that a retired District Judge must be appointed as the Sole Arbitrator to enter reference of the dispute. Hence, the following: