Y K JAIN Vs. INDIAN ARCHAEOLOGICAL SOCIETY

JUDGEMENT

(1.) This is a petition under Section 11 of the Arbitration and Conciliation Act 1996, with a prayer for appointment of an arbitrator by the Court in terms of Clause 138 of the General Conditions of Contract.

(2.) As per the judgement of the Apex Court reported as M/s Konkan Railway Corporation Ltd. & Anr. vs. M/s. Rani Construction Pvt. Ltd., JT 2000 (Suppl.2) SC 150. while deciding a petition under Section 11 of the Arbitration Act, 1996, this Court is not to enter upon and/or adjudicate the disputed questions of facts, nor is this Court to go into the merits of the respective contentions of the parties.

(3.) In this case vide letter dated 14.12.2001, the petitioner had invoked the arbitration enclosing therewith the details of claims. Reminder was also sent on 5.1.2002. The respondents having failed to appoint an arbitrator within the statutory period even after the said notice and reminder the appointment now has to be made by this Court.