KISHORE KUMAR SAHOO Vs. LAFARGE INDIA PVT.LTD.

JUDGEMENT

(1.) ARBP No.9 of 2006 was filed by the petitioner seeking appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "said Act"). In that matter the Honble Chief Justice on 14.7.2006 passed an order for issuing notice upon the opposite parties by registered post with A.D. making it returnable within six weeks. Thereafter, from the office notes it appears that notice was served upon the opposite parties and opposite parties entered appearance through their counsel. On 1.12.2006, the Honble Chief Justice directed listing of the matter two weeks thereafter. On 5.1.2007 there is another order by Honble the Chief Justice for listing the matter. The matter was listed on 9.3.2007 and on that date the matter was called and the learned counsel for the petitioner was heard, but nobody appeared for the opposite parties and there was no prayer even for adjournment. This Court after hearing the learned counsel for the petitioner by a reasoned order, appointed a learned retired Judge of this Court the sole Arbitrator and it was further directed that the arbitration proceeding be completed and award be passed within six months from the date of entering upon reference by the learned Arbitrator.

(2.) PURSUANT to the said order, this Court has been told that the learned Arbitrator entered upon reference and held a few sittings. Then, an application was filed by the opposite parties being Misc. Case No.17 of 2007 for recalling the order dated 9.3.2007. On the said Misc. Case, the matter has been heard on contest on several dates.

(3.) IT is admitted by the learned counsel for the parties that there is an Arbitration Clause between the parties and it is also admitted that there are arbitrable disputes between the parties, but the parties cannot agree on their choice of Arbitrator and both the parties applied for appointment of Arbitrator, as pointed out above, under Section 11 of the said Act.