A.B.SINGH Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) IN all the three applications, a common question has been raised as to whether an Arbitrator can be appointed for adjudication of a dispute beyond the contractual period under Section 11 (6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) in absence of existence of any contractual agreement between the petitioner and the respondents.

(2.) THESE applications have been filed by the petitioner firm for appointment of an Arbitrator under Section 11(6) of the Act on the ground that there is a bona fide dispute between the petitioner -firm and the respondent -company, i.e. Central Coalfields Ltd., since the petitioner had received contracts for transportation of coal, for which three contracts had been executed between the parties on different dates, it was stated that there is a clause in the agreement that in the event of existence of a dispute, the respondents shall appoint an Arbitrator to adjudicate the dispute and the award passed by him shall be treated as final. It was contended that as the respondent -CCL had failed to appoint an Arbitrator, although a dispute in regard to the claim of payment had been raised at the instance of the petitioner, this Court, in view of Section 11(6) of the Act, ought to appoint an Arbitrator for adjudication of the dispute.

(3.) RELYING on this averments of the petitioner, it was submitted that 100% payment for the contract period involved in three applications has already been received by the petitioner and thus, nothing remains to be paid under the contractual obligation. It was further submitted that since the entire payment have been received by the petitioner, a case for referring the dispute to the Arbitrator or for appointing an Arbitrator is not made out at all.