DHARAM PAL MADDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petition is for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'), for adjudication of disputes/differences between the parties relating to the contract agreement No. 458-ASR of 2003.

(2.) THE petitioner sought appointment of an Arbitrator on 10.3.2006, vide Annexure A.1. A legal notice, Annexure A.2, was also served to this effect on 1.6.2006. The petitioner invoked the jurisdiction of 16.9.2006 as the Arbitrator was not appointed. The respondents have appointed an Arbitrator on 15.11.2006 i.e., after the petitioner invoked the jurisdiction of this Court under Section 11 of the Act.

(3.) THOUGH Clause 64(3)(a)(ii) of the agreement provides that in cases where the total value of claims in question is not covered by clause (i) i.e., where the claim is less than Rs. 10 lacs, the Arbitral Tribunal shall consist of a panel of three Railway Gazetted Officers, not below the rank of Junior Administrative Grade. But, keeping in view the fact that the matter has remained pending for a long time and the respondents have failed to act with due diligence, all the disputes between the parties are ordered to be referred for adjudication to the sole arbitration Shri A.K. Sharma, former District Judge, resident of House No. 41, Indsor Park, Near D.A.V., Engineering College, Jalandhar. The Arbitrator shall be free to fix his fee keeping in view the claim amount as also the time that he would require to adjudicate upon the same.