- (1.) Heard Sri D.D. Kushwaha holding brief of Sri Om Prakash Lohia, learned counsel for the applicant, Sri Govind Saran, learned counsel for the respondents in Arbitration Application No. 16/2014, 17/ 2014 and 32/2014 and Sri Sudhir Bharti, learned counsel for respondents in Arbitration Application No. 33/2014.
(2.) Learned counsel for the parties agree that similar controversy is involved in all these four applications and as such all the applications are being heard together.
(3.) Briefly stated the facts of the Arbitration Application No. 16/2014 are that a notice dated 6th September, 2013 was given by the applicant to the respondent for appointment of an arbitrator to resolve certain dispute. The respondent appointed Sri D.K. Sinha, Deputy Chief Signal & Telecoms Engineer, Allahabad as sole arbitrator vide office memorandum dated 4th October, 2013 (Annexure -CA-1). The arbitrator sent communication regarding his appointment vide letter dated 31st October, 2013 and required the applicant to submit his claims within a month. Instead of submitting claim, the applicant sent a letter dated 28th October, 2013 requiring the arbitrator to comply with the provision of Sections 12, 19, 21, 22, 23 and 24 of the Act before proceeding further. The applicant did not submit any claim before the Arbitrator. Thereafter the applicant filed this application on 25th February, 2014 praying that an impartial sole arbitrator may be appointed under Section 11(6) of the Act.;