MRS. BIMLA HALAN Vs. CHANDULAL PATODIA

JUDGEMENT

(1.) By the instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short hereinafter called as 'the Act'), the petitioner seeks appointment of independent and impartial arbitrator to adjudicate the dispute between the parties arising out of the agreements dated 21.9.1996 and 1.4.2004.

(2.) I have heard Mr. G. Mukherji, learned counsel for the petitioner and Mr. U.C. Behera, learned counsel for the opposite party.

(3.) Both the parties are residents of Cuttack in the State of Odisha and had entered into an agreement on 21.09.1996 whereby the petitioner as the owner of the premises involved let out the same to the opposite party so as to enable the latter to carry on his business in the name and style of M/s. Chirag Jewellers. This agreement was for a period of ten years w.e.f. 1.12.1996 to 30.11.2006 whereunder the opposite party was required to pay a sum of Rs. 500/- per month towards rent. The other stipulation being not of any decisive relevance are not necessary to be detailed except that clause-9 of the agreement read as hereunder:- "That in case of any disputes between the parties, the parties shall have right to appoint a single body-arbitrator whose decisions shall be final and binding to the parties and in case of civil or criminal disputes the appropriate Court at Cuttack shall have exclusively jurisdiction."