M D D A RAMKY Vs. MOHD SAHZAD

JUDGEMENT

(1.) This Arbitration petition has been filed by the petitioner under Section 11 (6) of the Arbitration and Conciliation Act for appointment of an Arbitrator.

(2.) The petitioner had entered into a licence agreement with the respondent for shop no. 36 situated at ground floor in the City Junction Mall, Saharanpur Road, Haridwar Bypass, Dehradun. As per the said licence agreement, admittedly the vacant and peaceful possession of aforesaid shop was handed over to the respondent by the petitioner. Since the respondent allegedly defaulted in payment of licence fee, a letter dated 11.04.2017 was sent by the petitioner to the respondent for appointment of arbitrator but the respondent has not taken any step for appointment of arbitrator. Hence, the petitioner has filed the present petition for appointment of arbitrator.

(3.) Learned counsels for both the parties have agreed that there is an arbitration clause in the agreement and prayed that an Arbitrator be appointed to adjudicate the dispute. The name which has been suggested by both the parties is of Sri Kanta Prasad, retired District Judge of Uttarakhand Higher Judicial Services, to be an arbitrator in the matter.