HEMANT GUPTA, J. - (1.) THE petitioner invoked the jurisdiction of this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short "the Act") by way of the petition filed on 14.10.2006.
(2.) THE disputes between the parties arise out of work allotted to the petitioner under Haryana Operational Pilot Project (HOPP) vide letter dated 21.03.2001. As per the petitioner, it carried out the work, but the payments due have not been released. THErefore, he sought resolution of the disputes by way of arbitration in terms of Agreement between the parties. After considering the reply filed, this Court passed an order on 10.08.2010. THE operative part of the order reads as under: "5. In this view of the matter, the present petition is disposed of with a direction that an Arbitrator be appointed within fortnight from today. THE statement of claim shall be filed by the claimantpetitioner within four weeks after the date of appointment which shall be communicated to them by the respondents. Reply, if any, be filed within four weeks thereafter. THE parties shall appear before the Arbitrator on 08.11.2010 at 4.00 PM or on an agreed date convenient to the parties but not later than a fortnight from the date of exchange of pleadings as directed aforesaid. THE Arbitrator shall commence hearing on the date the parties shall appear before him or within a fortnight thereof on a date convenient to him and the parties. THE Arbitrator shall dispose of the reference not later than six months from the date of first appearance of the parties." In terms of such directions, Shri R.S.Rana, Joint Director of Agriculture (Soil Conservation), Directorate of Agriculture, Haryana, was appointed as an Arbitrator vide letter dated 19.08.2010. The appointment of Shri R.S.Rana was disputed by the petitioner by way of present application on the ground that Shri R.S.Rana has dealt with the claims of the petitioner and rejected the same in the year 2003 and returned the security deposited in the year 2008. The present application is for appointment of an independent Arbitrator in proceedings mentioned above.
(3.) AFTER the said application was filed, vide order dated 18.02.2011, Shri Anil Kumar Rana, Joint Director of Agriculture (Soil Testing), Directorate of Agriculture, Haryana has been appointed as an Arbitrator in place of Shri R.S.Rana.;