M.M. ENTERPRISERS Vs. SACHIKANT ROUTRAY

JUDGEMENT

(1.) This application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') for appointment of an Arbitrator has been filed on 18.12.2007.

(2.) THE fact and circumstances giving rise to the case are that Petitioner is a proprietorship firm and deals in the business of coal transportation by loading coal from Mahanadi Coal Fields Ltd. at Talcher and supplying the same at various places. Opposite Party No. 2 entered into an agreement dated 26.9.2002 (Annex -1) with the Petitioner -applicant showing himself to be the representative of Petitioner No. 1 -M/s. M.M. Enterprisers for purchase of coal from the Petitioner. The agreement also contained an Arbitration Clause. The said clause is set out below: Clause (h). That in case of default by the second party in making payment to the first party & in case of default by the first party in supplying the coal to the second party or for any dispute arising thereof, the matter shall be referred to the sole Arbitrator namely, Mr. Dayanadhi Hota, former Registrar of Orissa High Court & Secretary to Government, Law Department having his residence at Sahid Nagar, Bhubaneswar. Clause (i). That the decision of the sole arbitrator shall be final & binding & the same cannot be challenged in any forum subject to the provisions of the Arbitration Act.

(3.) THIS petition has been filed impleading all the necessary parties.