MANOJ KUMAR AGRAWAL Vs. NEPA LIMITED

JUDGEMENT

(1.) HEARD .

(2.) VIDE this application under Section 11(6) of the Arbitration and Conciliation Act, 1996, applicant seeks appointment of arbitrator for adjudication of dispute arising out of the contract of sale of 1,20,000 metric tonnes of coal -ash (accumulated stock and fresh generation) which was awarded to the applicant in pursuance to Tender Notice No. MM/CA/38/2002 -03 dated 30.8.2002 vide agreement dated 29.10.2002. It appears from record that because of differences between applicant and respondent, led to filing of cases including a Writ Petition No. 4150/2004. To resolve the dispute, the applicant and respondent entered into a understanding recording the terms in the Memorandum of Understanding on 20.10.2004/22.1.2005. The applicant later on 31.5.2006 repudiated the Memorandum of Understanding and sought the settlement of dispute through arbitration by invoking the Arbitration Clause which is in the following terms -

(3.) THE claim for appointment of an independent arbitrator was turned down by an order -dated 4.10.2007. Dwelling on three fold objections raised by the applicant against the departmental personnel to be appointed as Arbitrator, it was held in MCC No. 669/2007 -