RAMA CONSTRUCTION COMPANY Vs. HIGH COURT OF DELHI

JUDGEMENT

(1.) Rule D.B. 1. Mr. Lokur, accepts notice on behalf of the respondent and waive the service of Rule. Having regard to the nature of the issue raised in this petition, we are of the opinion that the petition can be disposed of at this stage itself.

(2.) It is pointed out in this petition that in exercise of the powers conferred by sub Section (10) of Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the Act") read with para 12 of the Scheme for Appointment of Arbitrators, 1996, Notification dated 29th January, 1996 was issued providing Scheme for Appointment of Arbitrators. This was further amended on 18th August, 2003.

(3.) Para 3 of the said Scheme specifies the authorities who were to deal with the request made for appointment of arbitrators under Section 11 of the Act. It was stipulated that in case where value of the subject matter does not exceed rupees 5 lacs, the authority to deal with the matter was designated to the Civil Judge. Likewise, where the value of the subject matter does not exceed rupees 20 lacs, the District Judge/ Additional District Judge was designated as the authority to deal with the request for appointment of an arbitrator.