AMRITESH KUMAR ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition filed by Shri Amritesh Kumar Roy, hereinafter described as the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short the Act). The petitioner prayers for a direction to file the original arbitration agreement and for appointment of an independent arbitrator and for making an order of reference with respect to the disputes mentioned in paragraph 7(13) of the petition.

(2.) It is asserted by the petitioner that in response to the invited tenders for execution of the Word name and styled as 'Supply of Bed Rools to the passengers'. In response to the invitation to tenders the petitioner submitted its tender which was accepted. An agreement was executed. Clause 45 for the settlement of disputes provided for arbitration. It is the case of the petitioner that dispute had arisen because the petitioner had commenced service of the bed rolls with effect from 10/6/1996. The other details pertaining to the disputes are not relevant because they referred to the merits of the matter.

(3.) The petitioner asserts that despite the receipt of the letter from the petitioner with respect to the disputes the respondent did not appoint the arbitrator and thus had waived the right and abdicated the authority to appoint the same. It is accordingly prayed that this court should direct the respondents to file the agreement and appoint an independent person as an arbitrator for adjudication on of the claims stated in paragraph 7(13) of the petition. Notice had been issued of the petition and it had been contested.