HARIHAR YADAV Vs. DURGAPUR PROJECTS LTD.

JUDGEMENT

(1.) In this application filed under Sec. 11 of the Arbitration and Conciliation Act 1996 (Act, for short) the petitioners seeks, inter alia, a direction for appointment of an arbitrator. Appointment of an arbitrator is a subject covered under Sec. 11 of the Act.

(2.) Under sub-section (4) of Sec. 11 of the Act, the Chief Justice or any person or Institution designated by him has been empowered to appoint an arbitrator if a party to arbitration agreement fails to appoint an arbitrator within 30 days or the two appointed arbitrators fail to agree on the third arbitrator within a period of 30 days from the date of their respective appointments.

(3.) Similarly, under sub-section (5) of Sec. 11 of the Act, in case of failure of an agreement referred to in sub-section (2) of Sec. 11 thereof, if the parties fail to agree on the appointment of a sole arbitrator within thirty days from the receipt of a request by one party, the appointment is required to be made by the Chief Justice or any person designated by him for this purpose, if so requested by a party.