AMITA CONSTRUCTION Vs. BHUJ MERCANTILE COPERATIVE BANK LTD

JUDGEMENT

(1.) Rule. Ms.Niyati Shah, learned advocate for Mr.D.K.Puj, learned advocate waives service of notice of Rule on behalf of Opponent No.5.

(2.) The present petition under Section 11(6) of the Arbitration and Conciliation Act,1996, has been preferred by the petitioner for appointment of sole Arbitrator to resolve the dispute between the parties arising out of contract entered into between the petitioner and respondents on 06/11/2003 for construction of residential houses for the Managers and Officers of Bhuj Mercantile Co-Operative Bank and its Housing Society. There is no dispute between the parties with respect to appointment of Arbitrator to resolve the existing dispute, which is required to be referred to Arbitrator as per arbitration clause mentioned in the Contract dated 06/11/2003. The dispute is with respect to the sole Arbitrator, who shall be appointed to adjudicate and resolve the dispute between the parties and venue/place of arbitration.

(3.) Having heard the learned advocates appearing on behalf of the respective parties, Mr.Justice R.A.Mehta, Retired Judge, High Court of Gujarat, residing at C/71, Akash Tower, Nr. Judge's Bungalow, Premchandnagar Road, Ahmedabad - 380 054 is hereby appointed as sole Arbitrator to adjudicate and decide the dispute between the parties arising out of contract dated 06/11/2003. Venue of arbitration shall be decided by learned sole Arbitrator in consultation with respective parties and their advocates and subject to convenience to all concerned inclusive of learned sole Arbitrator. It is expected that the learned sole Arbitrator shall decide the dispute and declare the award within a period of one year from the date of first hearing before the learned Arbitrator, which shall be within a period of one month from today. All are directed to co-operate with the learned Arbitrator to resolve the dispute within the stipulated period as stated hereinabove. With this, the present petition is allowed. Rule is made absolute to the aforesaid extent. No costs.