FRIENDS PROJECTS P LTD Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) THIS is a petition under Section 11 of the Arbitration and Conciliation Act seeking appointment of an independent Arbitrator to adjudicate upon disputes and differences, which have arisen between the parties. It is further submitted by counsel for the petitioner that respondent has failed to appoint an arbitrator despite a notice dated 2nd April, 2011 having been issued.

(2.) LEARNED counsel for the petitioner relies on Clause 9.0.1.1 to show that the disputes between the parties were to be resolved through Arbitration by following the procedure, as laid down. It is contended that the petitioner has followed the procedure by issuing a notice dated 13.01.2011, however, he did not received any reply within 30 days of receipt of the notice, which forced him to file the present petition on 23rd May, 2011.

(3.) TODAY learned counsel for the petitioner submits that since the respondent failed to appoint an arbitrator within 30 days, the respondent has lost its right for appointment of an arbitrator. He has relied upon the judgment of Supreme Court in UOI Vs. Bharat Battery Manufacturing reported as (2007) 7 SCC 684 in support of his plea. The relevant paragraph 12 reads as under:-