MS MANAV TEA COMPANY Vs. BENCH ALOK SHARMA

JUDGEMENT

(1.) This application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act of 1996') has been filed for appointment of an arbitrator under the arbitration clause 9 of the agreement dated 22.9.2016 to resolve the disputes and differences in regard to the work order dated 22.9.2016 having arisen between the parties.

(2.) Clause 9 of the agreement dated 22.9.2016 reads as under:

(3.) Mr. Anil Mehta, AAG appearing for the State opposed the application and submitted that the parties to the agreement dated 22.09.2016 agreed that all disputes arising out of the agreement and all questions relating to interpretation of the agreement, would be decided by the Chairman, Rajasthan State Food and Civil Supplies Corporation (RSFCSC), and its decision would be final. In this view of the matter, the applicant's notice dated 5.6.2018 appointing Shri Prem Shankar Shukla, retired Addl. District and Sessions Judge as an arbitrator was non-est and a breach of the terms and conditions of the agreement, therefore, the respondent issued the letter dated 6.2.2018. The applicant withheld the amount of EPA and CWF, which was required to be deposited by the applicant as per terms of the work order. As per Clause 9 of the agreement dated 22.9.2019 and clause no.12 of the work order dated 22.09.2016, the Chairman, RSFCSC would be the arbitrator in case of any dispute having arisen between the parties qua the supply contract and only the Chairman, RSFCSC can be appointed as an Arbitrator, but till date the applicant has not submitted any claim before the Chairman, RSFCSC as mutually decided under the agreement dated 22.09.2016.