G.S. ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant application has been filed by the applicant M/s G.S. Enterprises under Sec. 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the disputes arising inter-se between the parties regarding payment of civil work undertaken in furtherance of acceptance of the work tender of the applicant by the respondent No.3 vide letter dtd. 17/10/2012.

(2.) Though the prayer of the applicant for appointment of Arbitrator is countered on the ground of being time barred but during the course of arguments, learned counsel Shri Gattani candidly concedes that the matter deserves to be referred to an independent Arbitrator. It is not in dispute that an arbitration agreement exists between the parties.

(3.) Thus, the instant application is allowed. With the consent of the parties, Shri Mandal Prasad Bohra, Retired District Judge, Resident of C-22, Krishna Nagar, Pali Road, Jodhpur be appointed as the sole Arbitrator to adjudicate upon the dispute between the parties in terms of the arbitration agreement and as per the Manual of Procedure for Alternative Dispute Resolution, 2009, as amended upto date. The above appointment is subject to necessary disclosure being made under Sec. 12 of the Act.