BALESHWAR DASS RAIZADA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Section 11 of the Arbitration and Conciliation Ordinance, 1996 filed by the petitioner praying for appointment of an impartial and independent arbitrator by the court to adjudicate upon and decide the disputes arising between the parties and as set out under paragraph 'K' of the petition.

(2.) A contract agreement was entered into between the petitioner and the respondent No.1 for providing external electrification work for multistoreyed building of respondent No.1 at Kanpur (UP). It is stated in the application that the aforesaid work was to be executed at Kanpur (UP) and the same was awarded to the petitioner by the Chief Engineer, Lucknow at Delhi by a Regd.A.D. letter dated 22nd January,1996. It is also stated that in respect of the aforesaid contract agreement executed by the petitioner certain disputes, as enumerated under paragraph 'K' of the petition, have arisen and, therefore, the same are to be adjudicated upon and decided by the arbitrator in view of the arbitration agreement between the parties. However, since the respondents have failed to appoint an arbitrator in terms of the arbitration agreement in spite of expiry of more than 30 days, this court should appoint an impartial and independent arbitrator.

(3.) I find from the records that this court, on 24th May, 1996, without issuing any notice to the respondents, admitted the petition and accepted the contentions of the petitioner and appointed Mr.Justice C.L.Chaudhary (Retd.) as the sole arbitrator to decide and adjudicate upon the disputes raised by the petitioner. The learned arbitrator, however, by his letter dated 1st August, 1996 expressed his inability to take up the assignment as the arbitrator as he was holding an assignment as a Chairman, Board of Arbitration, Ministry of Labour, Government of India. On 11th August, 1997, counsel for the petitioner submitted that the petitioner has no objection in case the respondents ,in terms of the arbitration clause 17, appoint an arbitrator and refer the disputes between the parties to him.