MOHAN BALKRISHNA LULLA Vs. SHAILESH DHAIRYAVAN

JUDGEMENT

(1.) BY this application filed under section 11 of the Arbitration and Conciliation Act, 1996, the applicant seeks appointment of the arbitrator to adjudicate the dispute and differences between the parties and to dispose of the arbitration expeditiously.

(2.) IT is not in dispute that initially there was no arbitration agreement recorded between the parties. The applicant had filed a suit (1927 of 2007) against the respondent herein in this court. The parties filed consent terms in the said suit on 3rd October, 2008. Under clause 8 of the consent terms the petitioner and the respondent no.1 agreed to refer disputes to the arbitration of Mrs. Justice Sujata Manohar, a former Judge of the Supreme Court. Clause 8 of the said consent terms reads as under : -

(3.) PURSUANT to the said order passed by this court, the parties appeared before the learned arbitrator. The pleadings were filed by both the parties. The matter was however adjourned on some occasions for giving an opportunity to the applicant to file an affidavit of evidence. It is the case of the applicant that due to unavoidable circumstances, the applicant could not file affidavit of evidence before the learned arbitrator. On 22nd January, 2011 the learned arbitrator tendered the resignation and requested the parties to take away papers filed by them.