BENGAL HOME INDUSTRIES ASSOCIATION Vs. NORTEX MILLS LTD.

JUDGEMENT

(1.) There is no dispute as to the existence of the arbitration agreement and that there are live claims to go to a reference. The only dispute is as to the composition of the arbitral tribunal.

(2.) The arbitration clause in the agreement between the parties provided that disputes would be referred to a named person who was an executive member on the board of the petitioner herein.

(3.) When differences and disputes arose between the parties such named arbitrator had died and a request was carried under Section 11 of the Arbitration and Conciliation Act, 1996 to the Chief Justice of this Court or his designate. A retired judge was appointed as the arbitrator. The arbitrator has resigned for personal reasons. The present request, again under Section 11 of the 1996 Act, has been made upon the petitioner nominating an arbitrator and the respondent failing to indicate its concurrence in the appointment.