- (1.) In this petition filed under Section 11(6)(B) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act'), the petitioner seeks appointment of the Presiding Officer as per Arbitration Clause which reads as under:- " Any dispute or differences arising out of or relating to the agreement shall be submitted to Arbitration for adjudication. Reference to Arbitration shall be in accordance with the provisions of the Arbitration & Conciliation Act, 1996 and/or any statutory modifications thereto by an Arbitral Tribunal consisting of three Arbitrators. Each party shall appoint its nominee arbitrator and both the appointed nominee arbitrators shall appoint third arbitrator, who shall be the Presiding Arbitrator. If the nominee arbitrators fail to reach a consensus re; appointment of the Presiding Arbitrator, the parties shall approach the Court for appointment of a Presiding Arbitrator. Such arbitration shall be in accordance with the Arbitration & Conciliation Act, 1996 ('Arbitration Act') and the rules made thereunder and/or any amendments thereof. The decision of the Arbitrators shall be final and binding upon the parties."
(2.) It is not in dispute that as per the parties themselves, certain disputes and differences have arisen between them arising out of the agreement to sell dated 05.02.2010 which contains aforesaid arbitration clause. It is also not in dispute that both the parties have appointed their nominees. However, two Arbitrators appointed by each of the party failed to reach a consensus regarding the appointment of the Presiding Arbitrator which is clear from communication dated 10.04.2011 of the two nominee Arbitrators and the said communication reads as under:- "We the Arbitrators are unable to agree regarding the nomination of the Presiding Arbitrator. Therefore, you are directed to approach the Punjab & Haryana High Court to nominate the Presiding Arbitrator".
(3.) The two Arbitrators have themselves directed the parties to approach this Court for nomination of the Presiding Arbitrator and armed with this letter, the present petition is filed by the petitioner.;