MAXON PRINTECH LTD Vs. GOVT OF NAGALAND

JUDGEMENT

(1.) This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act'). Paragraph 9 of the petition avers that on 27th February, 2003, the arbitration clause was invoked and the respondent did not respond to the said request thereby entitling the petitioner to approach this Court under Section 11 of the Act for appointment of an independent Arbitrator. Paragraph 9 does not mention whether the letter dated 27th February, 2003 was served on the respondent. The learned Counsel for the respondent has categorically denied the receipt of such a letter.

(2.) The petitioner has not filed any proof of service of the letter of request for appointment of an arbitrator with the petition nor made any mention of mode of service and instead enclosed the postal receipt with the rejoinder, of sending the letter under Postal Certificate. Prima facie such a plea is not believable. The relations between the parties were soured to the extent that an arbitrator was sought to be appointed. It is not possible to believe that the petitioner sent a letter under Postal Certificate though service of notice to the respondent is a precondition for invocation of Section 11 of the Act.

(3.) Furthermore, Clause 21 relied upon by the petitioner reads as under: