- (1.) Petitioner has approached this Court for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (for short the 'Act').
(2.) Petitioner is a firm engaged in the manufacturing and supply of electric cables. Respondent placed an order for purchase of multi core LT XLPE electric cables vide the communication dated 7.4.2008. In pursuance of such communication of the acceptance of the offer of the petitioner, an agreement was executed between the parties on 10.4.2008 containing an arbitration clause. The relevant clause of the agreement reads as under: - "35. (a) If at any time any question, dispute or difference whatsoever, shall arise between the Purchaser/Board and the contractor/supplier, upon or in relation to or in connection with the purchase order/contract either party may forth will give to the other notice in writing of the existence of such question dispute or difference and the same shall be referred for sole arbitration to nominee of the Purchaser/Board, who shall give a reasoned/speaking award. The award of the Sole Arbitrator shall be final and binding on the parties under the provisions of the Indian Arbitration Act, 1940 (amendments 1996) and of the rules thereunder. Any statutory amendment, modification or re-enactment thereof for the time being in force shall be deemed to apply to & be incorporated in the contract/purchase order. It would be objectionable if the Sole Arbitrator is an officer of the board and he has expressed his view on all or any of the matters in question of dispute or difference."
(3.) As per the petitioner, the dispute arose between the parties, which led to serving a notice dated 7.6.2011 (Annexure A-14) for appointment of an arbitrator in terms of the aforesaid clause. However, the arbitrator was not appointed which led to filing of the present petition.;