SHAMSHER SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner has filed this application under Section 11 of the J&K Arbitration & Conciliation Act, 2001, praying therein that respondents be directed to file original agreement in this Court and matter be referred to the Arbitrator for adjudication of the dispute arising between the parties and the Arbitrator be also appointed.

(2.) OBJECTION to the maintainability of the petition has been taken by the respondents in their objections that the petition is not maintainable as the provision contained in Sub -section 5 of Section 11 of the Act has not been complied with. The execution of the agreement, which contained the arbitration clause, however, has not been denied.

(3.) I have heard learned counsel for the parties. Admittedly, in clause 32 of the agreement executed between the parties, Chief Conservator of Forests, Jammu and Kashmir Government, has been nominated as an Arbitrator for determination/adjudication upon the disputes, difference or question arising between the parties. It is also not disputed that the petitioner, before moving the application, has not lodged any request upon the respondents for referring the disputes and appointed the arbitrator named in the agreement. Sub -section 5 of Section 11 reads as follows: "5. Failing any agreement referred to in sub -section (2), in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made upon request of a party, by the Chief Justice of the High Court or any person or institution designated by him."