Arun Tandon, J. - (1.) -Heard Sri P.N. Saxena, learned Senior Counsel assisted by Sri Namit Kumar Sharma for the applicant and Sri Shailendra on behalf respondent Nos. 1 and 2.
(2.) APPLICANT before this Court is a Company duly registered under the Companies Act, 1956. The respondent No. 1 is a State University established under the U.P. State Universities Act, 1973 while respondent No. 2 is the Finance Officer of the said University. The applicant has entered into an agreement with the respondent University on 18.9.2010 where under he was required to carry out the work of computerization of the examination department of the University and for the purpose to supply certain material. A dispute has arisen between the applicant and the University because of the order of cancellation of the agreement, leavy of the penalty and forfeiture of the security as per the order of the Finance Officer dated 20.6.2011.
(3.) ACCORDING to the applicant the Vice-Chancellor himself was instrumental in cancellation of the contract/agreement. He will not be able to act fairly in the matter and therefore, the applicant by means of his notice dated 16.7.2011 requested the Finance Officer of the University to appoint any of the three named retired judges of Delhi High Court as the Arbitrator. A copy of the notice has been brought on record as Annexure 12 to the application. Since no response has been received to the said notice even after expiry of more than 30 days. The applicant has approached this Court under Section 11 of the Arbitration and Conciliation Act, 1996. for appointment of Arbitrator. Counsel for the applicant submits that although under the agreement it was agreed between the parties that Vice-Chancellor would be the sole Arbitrator in case of dispute between the parties, yet since the Vice-Chancellor in the facts of the case will not be able to independently decide the dispute between the parties, some independent Arbitrator be appointed by this Court. Reliance has been placed upon the judgment of Hon'ble Supreme Court in the case of "Denel (Proprietary Limited) v. Bharat Electronics Ltd. and another, (Arbitration Petition No. 16 of 2009) decided on 10.5.2010, reported in 2010 (5) UJ SC 2615.;