LAZZU LEPCHA Vs. STATE OF SIKKIM AND ORS.

JUDGEMENT

(1.) HEARD .

(2.) THE Petitioner has filed this Petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act, 1996') for appointment of an Arbitrator for adjudication of the claim raised in the Petition.

(3.) MR . R.P. Sharma, learned counsel for the Petitioner, submits that as soon as the cause of action arose in favour of the Petitioner, a legal notice was sent to the Respondents on 17.01.2015 for appointment of the Arbitrator, as per clause 25 of the agreement, but they did not respond to the said notice and the named Arbitrator, as per clause 25, was not appointed by them. Thereafter, the Petitioner filed this Petition on 21.04.2015 and when the notices were received on 24.04.2015, the Respondents appointed one Mr. Praveen Kumar Pradhan, Additional Chief Engineer as the Sole Arbitrator on 19.05.2015. He further submits that after the Court jurisdiction was invoked by the Petitioner, the said appointment was not permissible, therefore, now this Court may appoint an Arbitrator to finally adjudicate the claim raised by the Petitioner.