NAREN ELECTRIC COMPANY Vs. N I D C

JUDGEMENT

(1.) This is an application under Sections 11(6) & ll(8)(b) of the Arbitration and Conciliation Act, 1996 seeking the appointment of Arbitrator.

(2.) Inspite of the order dated 13th April, 2004 no reply has been filed. There is no appearance for the respondent either. Learned counsel for the petitioner averred in this application that as per clause 9.1.1 of the contract between the parties providing for settlement of disputes by way of arbitration reads as follows:

(3.) It is submitted by the petitioner that on 10th February, 2003, a requisition for appointment of Arbitrator was made as per the said arbitration clause and has not been responded to upto date. This averment remains unrebutted. Accordingly, the petitioner is entitled to succeed in view of the following position of law laid down in Datar Switchgears Ltd. Vs. Tata Finance Ltd. & Another reported as JT 2000 (Suppl.2) SC 226 wherein the relevant para 19 reads as fbllows:-