- (1.) The petitioner complains that the arbitral Tribunal has not been constituted by the respondent despite the petitioner's request of April 29, 2015. The respondent Board suggests that there has been no invocation at all. The arbitration agreement is contained in Clause 14 of the matrix contract of December 8, 2010: "14. All legal matters will be settled within the jurisdiction of Kolkata High Court in case of any dispute arises between the parties, the same shall be referred to arbitration proceedings and the Principal Secretary, Agricultural Marketing Department, Government of West Bengal, shall be the Sole Arbitrator appointed with the mutual consent of both the parties i.e. the Customer and the Contractor. The arbitration proceedings shall be governed by the provisions of Arbitration and Conciliation Act, 1996. The place of arbitration shall be at Kolkata."
(2.) Upon disputes arising between the parties qua the agreement of December 8, 2010, the petitioning contractor wrote to the Chief Executive Engineer of the respondent Board on April 29, 2015, indicating its grievances and seeking a reference of the disputes between the parties to arbitration. However, the request for the reference to arbitration was made in the following words at paragraph 9 of the petitioner's letter of April 29, 2015: "9. ... Since my client are not aware of the name and credentials of Principal Secretary, Agricultural Marketing Department, Government of West Bengal, they are unable to form any opinion on their consent in terms of clause 14 of the Memorandum of Agreement dated 8th December 2015 and in order to form opinion for consent of our client, your good self is requested to forward a credentials including his experience in handling legal matters of the Principal Secretary, Agricultural Marketing Department, Government of West Bengal to us within 15 days from the date of receipt of this letter and latest by 20th May 2015 failing which it will be presumed that you are not interested to give your consent for his appointment as Arbitrator and appropriate Application for Appointment of Arbitrator shall be made before the appropriate Court in this regard. It is reiterated that my client has not consented for appointment of Principal Secretary, Agricultural Marketing Department, Government of West Bengal as Sole Arbitrator for want of his name and credentials and experience to handle the legal issues."
(3.) The petitioner says that the arbitration clause did not imply the Principal Secretary in the Agricultural Marketing Department of the State would be the sole or only possible arbitrator. The petitioner suggests that the clause merely indicates such official could be appointed the arbitrator in terms of the arbitration agreement, "with mutual consent of both the parties ..." The petitioner says that the petitioner is not aware of the present incumbent as Principal Secretary in the Agricultural Marketing Department and, as such, the petitioner sought information on the official before the petitioner could exercise a reasoned or informed choice.;