- (1.) This is an application under Section 11 of the Arbitration & Conciliation Act, 1996 (for short 'the Act') for appointment of an independent and impartial sole Arbitrator to decide the disputes and differences relating to Agreement dated 30.11.2007.
(2.) The petitioner was awarded contract for providing, installation and maintaining of Nine Glow Sign Gantries within the Municipal Corporation, Patiala on built, operate & transfer basis vide the aforesaid Agreement. The dispute arose between the parties. The Commissioner, Municipal Corporation, Patiala was the sole Arbitrator in terms of the Arbitration Clause in the Agreement. The Arbitration Clause III(xvi) reads as under: "xvi. That in case of any disagreement or dispute on interpretation of any term used in this agreement, the decision of the Commissioner, Municipal Corporation, Patiala being sole administrator on reference by the either party shall be final and binding. No other Court, tribunal or forum shall have the jurisdiction to entertain and try and dispute or disagreement arising out of this contract agreement."
(3.) Earlier, this Court in Arbitration Case No.47 of 2009 titled "M/s Rajdhani Advertisers Vs. The State of Punjab and others" directed the petitioner to appear before the said Arbitrator i.e. Commissioner, Municipal Corporation, Patiala along with the statement of claim. Four weeks time was granted to the respondent to submit reply. It was observed that the arbitration proceedings should be concluded preferably within a period of six months. The operative part of the order dated 14.01.2010 reads as under: "In my view the letter which had been issued by the Commissioner shall not come in the way of his acting as the Arbitrator. Accordingly, I direct that the petitioner would appear on 26.03.2010 at 11 AM before the Commissioner, Municipal Corporation, Patiala alongwith the statement of claim. Response to the statement of claim shall be filed within four weeks thereafter. I have no doubt in my mind that the Arbitrator shall not take into consideration the letter issued by him and shall dispose of the arbitration proceedings as early as possible preferably within a period of six months.";