LALITA SINGH Vs. GOPAL SINGH KHETWAL

JUDGEMENT

(1.) This application has been preferred by the applicant under Sec. 11(6) of the Arbitration and Conciliation Act, 1996, to seek appointment of the sole Arbitrator, to resolve the disputes between the parties, in terms of the Agreement dtd. 1/5/2019, in relation to operation of stone crusher. The said agreement was extended upon its expiry. The said agreement contains an arbitration clause in Clause 18.

(2.) Disputes arose between the parties under the said agreement and, consequently, the applicant invoked the arbitration agreement vide notice dtd. 17/6/2021. Despite issuance of the said notice, parties have not been able to agree upon constitution of an Arbitral Tribunal and, consequently, the present application has been preferred.

(3.) Upon issuance of the notice, the respondent has put in appearance through counsel. Learned counsel for the respondent does not oppose the appointment of the sole Arbitrator by this Court to adjudicate all the disputes, claims/ counter-claims between the parties arising out of the aforesaid agreement.