HARSH Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of instant petition filed under Sec. 11 (6) of the Arbitration and Conciliation Act, 1996 (for short "the Act"), petitioner has approached this Court for appointment of an Arbitrator to adjudicate the dispute between the parties.

(2.) Notice of the petition was issued on 15/9/2023. Although, response has not been filed, but factual position has not been disputed.

(3.) Petitioner successfully participated in an E-tender process and a shop in the premises of GMCH-32-respondent No.2 was let out to him under licence deed dtd. 22/1/2020, Annexure P-1, for a period of five years. Due to outbreak of corona virus in March, 2020, the shop remained closed and a dispute arose between the parties over non-payment of licence fee, etc. Petitioner served notice dtd. 11/7/2023, Annexure P-3, invoking the arbitration clause and in its response, respondent No.2 stated that the Secretary, Medical Education and Research, Chandigarh Administration, is the named Arbitrator in the licence deed, who has to adjudicate the dispute.