NATIONAL CLUB COOPERATIVE SOCIETY LIMITED Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The instant application is under Sec. 11(6) (c) of the Arbitration and Conciliation Act, 1996 for appointment of an independent and impartial Sole Arbitrator in pursuance of Clause 22 of the Lease Deed executed between the parties in order to adjudicate the dispute.

(2.) The facts of the case, as per the pleading made in the instant Arbitration Application, read hereunder as:- The society entered into a lease deed with the respondent for running of a cold storage belonging to the respondent situated at Boreya in the district of Ranchi, which was executed on 27/8/2015.

(3.) Mr. M.K.Roy, learned counsel appearing for the petitioner-applicant, has submitted by taking aid of the Amended Arbitration Act, 2015, whereby and whereunder provision has been inserted as under Sec. 12 thereof wherein it has been stipulated that when a persons is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances, as referred under Sub-Ss. (a) and (b) which contains that in case the concerned arbitrator who is named in the arbitration agreement or to be appointed, is having direct or indirect of any past or present relationship with or interest in any of the parties or in relation to the subject matter in dispute, whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to his independence or impartiality and which are likely to affect his ability to devote sufficient time to the arbitration and in particular his ability to complete the entire arbitration within a period of twelve months.