JYOTI SINGH,J. - (1.) Vakalatnama on behalf of the respondent has been handed over in Court and is taken on record.
(2.) The disputes in the present case relate to two agreements dated 15.06.2012 and 28.06.2013 as well as two work orders dated 29.06.2012 and 28.06.2013. The agreements between the parties are governed by an Arbitration Clause which is as under: "5.0 Resolution of Disputes/Arbitration: 5.1 All questions, disputes and differences arising under or in relation to this Agreement shall be referred to the sole arbitration of the Director (Planning and Business Development) of the Corporation. If Director (Planning and Business Development) is unable or unwilling to act as the sole arbitrator, the dispute shall be referred to another officer of the Corporation as may be nominated by Director (Planning and Business Development) in his place, who is willing to act as such sole arbitrator. It is known to the Parties herein that the Arbitrator appointed hereunder is an employee of the Corporation and may be Shareholder of the Corporation and the Bidder/Contractor expressly waives any objection to the appointment of the arbitrator on this ground. The arbitrator to whom the matter is originally referred, whether the Director (Planning and Business Development) or officer, as the case may be, on his being transferred or vacating his office or being unable to act, for any reason, the Director (Planning and Business Development) shall designate any other person to act as arbitrator in accordance with the terms of the Agreement and such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also the term of this Agreement that no person other than the Director (Planning and Business Development) or the person designated by the Director (Planning and Business Development) as aforesaid shall act as arbitrator. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the Parties to the Agreement and provisions of the Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereof and the Rules made there under and for the time being in force shall apply to the arbitration proceedings under this clause."
(3.) Learned counsel appearing on behalf of the respondent submits that the respondent has no objection in the appointment of the Arbitrator. However, the allegations and other averments against the respondent in the petition except the Arbitration Agreement are denied. She also submits that there is an objection on behalf of the respondent to the claims being barred by limitation.;