SRS BUILDING MATERIAL SUPPLIER Vs. S. B. ASSOCIATES.

JUDGEMENT

(1.) The present application has been filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') praying for appointment of an independent Sole Arbitrator to adjudicate upon the disputes and differences which have arisen between the parties.

(2.) Learned counsel for the applicant submitted that there was an Agreement executed between the applicant and the respondent which has been attached with the present application vide Annexure P-1 and the same is in the nature of a Sub-Contract Agreement dtd. 26/6/2018. The said agreement contains a valid arbitration clause i.e. Clause 11 which provides for reference of dispute to a Sole Arbitrator. He further submitted that since a dispute arose between the parties, the applicant has invoked the aforesaid arbitration clause by issuing a notice under Sec. 21 of the Act to the respondent vide Annexure P-6 dtd. 28/10/2025. However, no response was received from the respondent in this regard. Therefore, the present application has been filed for appointment of an independent Sole Arbitrator by this Court.

(3.) Learned counsel further submitted that the aforesaid notice was sent by way of a registered post dtd. 30/10/2025 and inadvertently the receipt of the same could not be attached with the present application and has sought permission from this Court to place on record the original receipt of the same. The original receipt which has now been produced before the Court is permitted to be taken on record as Mark 'X'. Registry is directed to tag the same at an appropriate place along with the paper-book.