Surya Prakash Kesarwani, J. - (1.) Heard learned counsel for the parties.
(2.) On 3.4.2018, this Court passed the following order: "Heard Sri Dharmendra Dhar Dubey, learned counsel for the applicant and Sri Ravi Anand Agarwal, learned counsel for the respondent. Admittedly, a dispute has arisen between the parties in the matter of supply of Polymer Disk Insulators etc. under an agreement which contains an arbitration clause. According to the applicant a sum of Rs.40,56,595.00 towards principal and Rs.1,45,98,754.00 towards interest is outstanding as on 28.2.2017. Thus a total Rs.1,85,55,349/- is outstanding as on 28.2.2017, but the same is not being paid by the respondent. The respondent has stated that no amount is due. It has further been stated by the respondent in the counter affidavit that there is no provision for payment of interest on delayed payment. Thus, a dispute has arisen between the parties which needs to be resolved by arbitrator in terms of the Arbitration Clause for which the applicant issued a notice dated 19.4.2017 to the respondent by registered post requesting him to appoint an Arbitrator in terms of Clause-31 of the agreement (Form'B'). However, the respondent has not appointed any Arbitrator. Hence, the present application has been filed for appointment of an Arbitrator, under Section 11 of the Arbitration and Conciliation Act,1996. As per Clause-31 of the agreement, in the event of any dispute arising between the parties, the matter is to be referred to an Arbitrator, to be appointed. Since, a dispute has been raised and as such an Arbitrator needs to be appointed in terms of Section 11 of the Act. Therefore, Mr. Justice Tarun Agarwala, retired Chief Justice, resident of 8A, Nyaya Marg, Opp. High Court, Allahabad, Mobile No.9415307976, is appointed as an Arbitrator to resolve the dispute subject to his consent in terms of Section 11(8) of the Arbitration and Conciliation Act,1996. Registry is directed to obtain consent of the proposed arbitrator in terms of Section 11 (8) of the Act, within a period of two weeks from today. List on 18.4.2018. "
(3.) As per office report dated 17.4.2018, the proposed Arbitrator has sent his consent vide letter dated 9.4.2018 in terms of Section 11(8) of the Act of 1996.;