M/S. INDERPAL & CO. ENGINEERS & CONTRACTORS Vs. HARYANA STATE AGRICULTURAL MARKETING BOARD AND ANOTHER

JUDGEMENT

(1.) THE petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 has been filed seeking resolution of disputes arising from the arbitration clause contained in the agreement dated 28.03.2008 qua construction of six link roads in District Ambala. Arbitration clause 25A stipulates that the arbitrator has to be appointed by the Chief Administrator of the respondent/board. The request for arbitration was made vide letter dated 23.01.2013 and again vide letter dated 01.02.2013, but to no avail, which resulted in filing of the present petition.

(2.) LEARNED counsel for respondent No. 1/board states that the designated authority has appointed the arbitrator on 25.06.2013.

(3.) IN my view, the controversy is in a limited compass that respondent No. 1/board having failed to appoint an arbitrator after having been called upon to do so and even the petition being filed before this Court and having been served have lost their right to appoint an arbitrator in view of the judgments of the Hon'ble Supreme Court in Datar Switchgears Ltd. Vs Tata Finance Ltd. and another : (2002) 8 SCC 151 and Union of India and another Vs M/s. V.S. Engineering (P) Ltd., : AIR 2007 SC 285.