MASHROOM FARM Vs. DISTRICT RURAL DEVELOPMENT AGENCY

JUDGEMENT

(1.) Present application, under Sec. 11 of the Arbitration and Conciliation Act, 1996, has been moved for appointment of an Arbitrator, in terms of agreement dated 4th January, 2005, Annexure C -1. As per this agreement certain plant for production of compost manure was leased out to the Petitioner by the Respondent. Respondent has filed a suit for recovery of lease money. On the other hand, the Petitioner served a notice upon the Respondent for appointment of Arbitrator to settling the claim for damages on account of loss sustained on account of non -supply of raw -material and not making available water and electricity, due to which it could not produce any compost manure during the first two years.

(2.) It is alleged in the application that the dispute having arisen between the parties, the same is required to Whether reporters of the local papers may be allowed to see the judgment? be referred to the Arbitrator, in terms of Clause (xxiii) of the agreement. It is stated that the Respondent was called upon to appoint the Arbitrator, but it having failed to do so, the Petitioner was left with no alternative but to approach the Chief Justice to appoint an Arbitrator, under Sec. 11 of the Arbitration and Conciliation Act, 1996.

(3.) I have heard the learned Counsel for the parties and gone through the record.