HARINARAYAN & CO Vs. SOUTH EASTERN COALFIELDS LTD

JUDGEMENT

(1.) This order shall govern the disposal of Arbitration Applications No. 39 and 40 of 2013 as the question of law involved in both applications is one and the same. However, for the sake of convenience, Arbitration Application No. 39 of 2013 is taken-up as the lead case. Applicant - M/s. Harinarayan & Co. filed this application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (henceforth 'the Act, 1996') seeking appointment of an arbitrator in terms of agreement dated 06.03.1995 entered into between the applicant and the respondent to adjudicate the dispute arising between the parties.

(2.) Facts leading to filing of the lead case, i.e., Arbitration Application No. 39 of 2013 may briefly be noted thus:

(3.) Mr. Manoj Paranjpe, learned counsel appearing for the application would submit that there is an valid arbitration agreement between the parties dated 6.3.1995 in shape of general conditions of the contract and there is a arbitral dispute between the parties for which the applicant has approached this Court which is the appropriate High Court for appointment of sole arbitrator for resolution of arbitral dispute arose between the parties as the respondent has failed to make appointment of arbitrator as per clause 9 of the agreement within stipulated period of 30 days.