RATNAKAR PRADHAN Vs. MAHANADI COALFIELDS LTD

JUDGEMENT

(1.) This is an application under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of Arbitrator to decide disputes arising out of a contract between the parties for execution of the work land scaping of Ananta Township at Jagannath Area". Clause-9 of the agreement envisages that all disputes and dues arising between the parties shall be settled by sole Arbitrator appointed by C.M.D. of Mahanadi Coalfields Ltd. The petitioner asserts that in spite of notice regarding appointment of Arbitrator which was received by opposite party No.2 on 26.7.1999, no Arbitrator was appointed and accordingly petition under Section 11 was filed on 25.8.1999.

(2.) The opposite parties in counter, apart from denying the tenability of the claims made have contended that the Chairman-cum-Man- aging Director has already appointed the General Manager, M.T.I., MCL, Sambalpur, as the sole Arbitrator vide order dated 14.10.1999 to decide the disputes. It is, therefore, submitted that the application has become infructuous.

(3.) A perusal of the order dated 27.8.1999 indicates that Shri B.N. Mohanty, Advocate, had accepted notice on behalf of the opposite parties and pursuant to the said order, copy of the petition was served on 30.8.1999. Thus, it is obvious that after receipt of notice regarding filing of M.J.C. No. 295 of 1999, opposite party No. 2 proceeded to appoint an Arbitrator.