SIYA RAM JAJRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN this application under section 11 of Arbitration and Conciliation Act,1996 (for short Rs. 1996 Act') the applicant seeks to appoint independent arbitrator.

(3.) IN the instant case although the applicant made request through his Advocate for referring the matter to Standing Committee by sending a notice dated May 23, 2006 to the respondents, yet the respondents did not even choose to send reply to the notice. If the respondents treated the notice as application to the Officer -in -Charge under clause 23, then also the applicant could have been asked to deposit prescribed fee. The act of respondents in not taking any step even after receiving the notice from the appellant, shall only mean that the respondents have declined the request of applicant to refer the matter to Standing Committee. Since the matter was not referred to Standing Committee within 30 days of the demand the right to file application under 1996 Act accrued to the applicant. IN this view of the matter, I find no merit in the preliminary objection raised by learned Additional Advocate General.