MANHAS BUILDER Vs. WISDOM ARK SCHOOL

JUDGEMENT

(1.) An application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996 ) has been filed for the appointment of an independent and impartial Arbitrator. The detailed facts of the case are not required to be noticed. The existence of an agreement containing an arbitration clause is not in dispute between the parties. The clause reads as under:-

(2.) The contractor applied for reference to the respondent vide communication dated 30.07.2020. It was indicated that in view of the amendment in the Act of 1996, none of the contracting party has a right to unilaterally make an appointment. In response thereto, the respondent, vide communication (Annexure P7) dated 12.08.2020, informed that the appointing authority would be the Managing Director of the respondentSchool. It was informed that the respondent would send a panel of three independent and impartial persons and the petitioner would be entitled to choose one from the panel. On 25.08.2020, once again the petitioner, while drawing the attention of the respondent to the provisions of Section 12 read with VIIth and Vth Schedule of the 1996 Act, again made a request. No doubt, the respondent has claimed that it did suggest three names, however, the parties could not arrive at a consensus.

(3.) On 14.12.2020, learned counsel for the parties sought a short adjournment on the ground that the parties are close to an agreement to nominate an Arbitrator by mutual consent and hence, the case was adjourned to 19.01.2021, when the learned counsels have stated that the parties could not arrive at a conclusion.