G.G. Mittal, J. - (1.) M/s. Surinder Kumar Subhash Chander of Mandi Dabhwali, (hereinafter referred to as the 'Contractor'), entered into an agreement with the Cement Corporation of India, New Delhi, (Hereinafter called 'the Corporation'), for acquiring, handling transporting and staring of non-levy cement at Bhatinda.
(2.) Later on, same differences arose and the Contractor was of the view that the Corporation had breached the contract, as a result of which it suffered heavy losses.
(3.) On the dispute having arisen, the contractor gave notice to the Corporation to appoint an Arbitrator within 15 days of the receipt of notice so that the Arbitrator may decide the dispute between the parties. However, in spite of receipt of notice, the Arbitrator was not appointed and the Contractor was forced to come to Court, where he filed an application under Section 20 of the Arbitration Act (for short 'the Act'), for filing of the agreement in court and for referring the dispute to the Arbitrator to be appointed by the court. In the application it was mentioned that the contractor had given 15 days notice to the Corporation for appointing the Arbitrator and since the Corporation failed to appoint the Arbitrator within the specified time, the court should appoint the Arbitrator.;