SHIV SHAKTI BUILDERS Vs. DIVISIONAL RAILWAY ENGINEER (WEST)

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present application has been preferred under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of the Arbitrator in the present case.

(3.) Brief facts giving rise to the present application are that the petitioner entered into a contract with the Railways for performing the certain works. On a dispute being arisen between the parties, the applicant served a notice dtd. 15/3/2018 to the Divisional Railway Engineer (West), North Western Railway, Jodhpur for appointment of the Arbitrator which is placed on record as (Annex. R/2). When the Divisional Railway Engineer (West), North Western Railway, Jodhpur failed to appoint the Arbitrator, the applicant preferred an application being S.B. Arbitration Application No. 11/2018 before this Court. This court vide judgment dtd. 23/10/2018 disposed of the said application in the following terms:-