I.P.MUKERJI - (1.) The Court : By the letter dated 1st June, 2017 learned advocate for the petitioner wrote to the respondent Railways invoking section 21 of the Arbitration and Conciliation Act, 1996 and asking them to appoint an arbitrator in accordance with the contract between the parties. The postal records annexed to the petition namely at pages 41A, 41B and 41C show that the item was received by the Khiddirpore S.O. at 9.20 am on 2nd June, 2017 and was delivered by the said office on the same day at 15.28 hours.
(2.) Mr. Mishra for the Railways submits that the Railways have appointed an arbitrator on 6th July, 2017. In my opinion, this was not a valid appointment. More than 30 days had elapsed from the date of receipt of the above letter. The Railways had lost their power to appoint the arbitrator.
(3.) There is no dispute that there are disputes between the parties referable to arbitration arising out of the purchase order in question whereunder the petitioner was to manufacture and supply 5 lakh numbers of Elastic Rail Clips [ERC] to the Railways on the terms and conditions of the contract.;