YARANA ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) COUNSEL for the petitioner submitted that an agreement has been arrived at between the petitioner and the respondents, which is annexed as Annexure -1 to the memo of application. Clause 55 of the said agreement reads as under: -

(2.) IN view of the aforesaid clause, if any dispute has been arose between the parties, then arbitrator may be appointed by the General Manager, South Eastern Railway, Kolkata and therefore, a notice was given by the petitioner to this authority on 6th March, 2012 and as, he has failed to appoint any arbitrator, this Arbitration Application has been preferred on 17th May, 2012 and in pursuance of the decision rendered in the Datar Switchgear Ltd. vs. Tata Finance Limited reported in (2000)8 S.C.C. 151 [2001 (1) PLJR (SC) 36], once an application is given to this authority and he is not appointing any arbitrator, then this Court may appoint arbitrator.

(3.) IN view of the this submission and looking to the aforesaid clause, I hereby appoint Hon'ble Mr. Justice Vikramaditya Prasad, retired Judge of this Court, as an arbitrator for deciding the disputes between the parties which are stated in Annexure -2 to this memo of application, as early as possible and practicable, preferably within a period of six months from the date of entering into the reference and appearance of both the parties.