(1.) This application is filed, under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (for short the "1996 Act"), seeking appointment of an Arbitrator. The applicant participated in a tender process, and was awarded a construction contract. An agreement was entered into between the parties which contains an arbitration clause, reference to which shall be made later in this order.
(2.) On the ground that the amounts due to them were not paid, despite completion of the work, the applicant herein addressed a letter to the respondents seeking appointment of an Arbitrator. Despite issuance of a notice, no Arbitrator was appointed. Reminders were also sent by the applicant for appointment of an Arbitrator. Since no response was forthcoming thereto, the applicant has invoked the jurisdiction of this Court under Sec. 11(6) of the 1996 Act.
(3.) In the counter affidavit, filed to this application, the respondents submit that they had never refused appointment of an Arbitrator in terms of arbitration clause of the agreement; the applicant was asked to forward his consent, for waiver under Sec. 12(5) of the 1996 Act, and for appointment of an arbitrator in terms of the arbitration agreement; five copies of the agreement were forwarded to the applicant for his signature; in the absence of such an agreement being signed by the applicant, the respondents are in no position to appoint an Arbitrator; and hence the delay in appointment of an Arbitrator, as per the agreed arbitration clause, is because of the non-cooperative attitude of the applicant.