INDANE CABLES Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS petition under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner for appointment of an Arbitrator. In this case, the arbitration clause is admitted between the parties.

(2.) IT is the contention of counsel for the petitioner that in view of certain claims and payments to be received from the respondent, the petitioner has invoked Clause 33 of the arbitration agreement which is to the following effect:

(3.) ON the other hand, Mr. J.P.S. Sandhu, learned Counsel for the respondent has contended that now the respondent has supplied the vacancy in terms of the arbitration clause i.e. after receiving notice of the present petition on 12.11.2007 and an Arbitrator has been appointed on 5.12.2007.