ABB LIMITED Vs. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED

JUDGEMENT

(1.) THE petitioners are before this Court seeking appointment of an Arbitrator. The petitioners and the respondents are stated to have entered into a contract for supply and erection of sub-stations. In that regard, the contract was awarded in favour of the petitioners on 14.09.2005. In respect of the said contract, certain disputes have arisen between the petitioners and the respondents when a notice dated 15.04.2010 was issued by the respondents to the petitioners. The petitioners had issued a notice dated 07.08.2010 disputing the claim putfroth by the respondents and in that view, had sought for appointment of an Arbitrator to adjudicate and resolve the disputes between them. It is not in dispute between the parties that in view of certain precipitative action that was proposed by the respondents, the petitioners have filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures before the Court below which has been granted. Insofar as the main dispute, the petitioners seek for appointment of the Arbitrator for resolving the disputes.

(2.) THE contract provides for settlement of disputes by the Arbitrator and the said clause existing in the agreement has not been disputed by the respondents. In that view of the matter, Hon'ble Justice Sri. Ajit J. Gunjal, Former Judge of this Court residing at No. 95, Lakshmikunj, 7th Mian, MCR Layout, Vijayanagar, Bangalore-560 040 is appointed to be the Sole Arbitrator to adjudicate and resolve the dispute between the parties. The learned Arbitrator shall now enter reference, settle the terms of arbitration on issue of notice to the parties and dispose of the same in accordance with law. The parties shall file their pleadings and documents before the learned Arbitrator.