GAURAV CHATURVEDI Vs. GIRDHAR GOPAL BAJORIYA

JUDGEMENT

(1.) This application is filed by the applicant under Section 11(6) of the Arbitration and Conciliation Act, 1996 ( for brevity " Arbitration Act") for appointment of sole arbitrator.

(2.) Shorn of unnecessary details, the relevant facts are that applicant and respondents No. 1 & 2 signed a share holder agreement on 20.06.2012 (Annexure P/1) .The case of the applicant is that the aforesaid respondents handed over 10 cheques to the applicant on 20.06.2012. The total amount arising out of the said cheques was Rs. 1,73,83,000/-. The applicant submitted these cheques before the bank, but the cheques were not honored. After certain correspondence between the parties aforesaid, applicant sent a notice on 10.02.2013 by invoking clause 40 of the said agreement. The aforesaid respondents sent their reply on 16.02.2013 and stated that they do not agree for appointment of arbitrator suggested by the applicant. After this, present application under Section 11 (6) of the Arbitration Act is filed.

(3.) Shri Jitendra Sharma, learned counsel for the applicants, relied on clause 40 of the share holder agreement and submitted that the respondents have erred in not accepting the request for appointing of arbitrator. It is, therefore, prayed that this Court may direct for appointment of arbitrator.