Hemant Gupta, J. - (1.) THE present petition is for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (for short the 'Act') in respect of the dispute arising out of a contract awarded to the Petitioner for development of New Grain Market, Phase II in Sub Yard at Beri, Distt. Jhajjar vide Memo No. 7035 dated 5.6.2008.
(2.) DISPUTES arose between the parties in respect of the completion of contract and the consequent termination of the contract by Respondents. The Petitioner served a notice upon the Respondents for referring the dispute to an independent and impartial Arbitrator to decide the dispute between the parties on 4.3.2010. The Respondents did not sent any communication to the Petitioner rejecting the claim of the Petitioner for appointment of an arbitrator or otherwise. On 11.5.2010, the present petition seeking appointment of an Arbitrator was filed. It is the case of the Respondents that on 16.11.2010, on a reference of the Executive Engineer, the Chief Administrator of the Board has appointed Shri S.B. Boora, Superintending Engineer, HSAM Board as an Arbitrator for settlement of the dispute arising between the parties.
(3.) INITIALLY , Mr. Garg has pointed out that the request for appointment of an Arbitrator was not received as pleaded by the Petitioner but in view of the communication produced by the Petitioner, it is stated that though the request for appointment of Arbitrator was received in the office of Chief Engineer of the Board but the office of Chief Administrator had no knowledge about the said communication.;