LUBETECH INDIA PRIVATE Vs. UNITECH LTD

JUDGEMENT

(1.) This petition has been filed under section 11 of the Arbitration and Conciliation Act, 1996 for appointment of sole arbitrator in terms of arbitration clause 45 of the agreement (Annexure P-1). Petitioner sent a communication to the respondent on 15.6.2018 for appointment of sole Arbitrator. No Arbitrator has been appointed as per arbitration clause contained in the agreement. Certain disputes have arisen between the parties.

(2.) Despite the respondent being served, there is no representation on its behalf.

(3.) Their Lordships of Hon'ble the Supreme Court in Deep Trading Company vs Indian Oil Corporation and others, (2013) 4 SCC 35 have held that once arbitrator is not appointed as per agreed procedure within stipulated time, right of party concerned to appoint arbitrator is forfeited. Their Lordships have held as under: