BHGESHWARI PROJECT Vs. ANAND PROJECTS LIMITED LALITPUR

JUDGEMENT

(1.) Heard Sri Mayank Agrawal, learned Counsel for the petitioners and Sri Ashish Mishra, learned Counsel for the respondent. They have agreed for the final disposal of the petition on the basis of the pleadings exchanged between them which have been perused by me.

(2.) The petition seeks for an appointment of an arbitrator under section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) in connection with the disputes pertaining to letter of award dated 24.2.2012 for "Open Steel Yard Works" Coal Based Thermal Power Project at Lalitpur, Uttar Pradesh.

(3.) The parties admit that the said letter of award provides for settlement of disputes by arbitration and that Clause (T) of the major conditions thereof clearly provides that all disputes shall be resolved through arbitration and the decision of arbitrator shall be final and binding. The Director of the respondent alone would be competent to appoint the sole arbitrator and the place of sitting of the arbitrator shall be at Noida.