- (1.) This application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short, the Act), seeking appointment of an Arbitrator.
(2.) Vide contract agreement dated 11.6.2008 (P1), the petitioner was appointed authorized Franchisee to do the marketing and distribution of BSNL Telecom Service for its Brand name. Terms and conditions of the work, to be executed, were enumerated in the agreement mentioned above. Dispute arose between the parties. As per agreement Annexure P1, it is provided that to settle a dispute, matter shall go to an Arbitrator named in the contract agreement. The above provision reads thus:- "30. Dispute Resolution/ Arbitration Any question, dispute or differences arising out of or in connection with this agreement or breach, termination or validity hereof, shall be for its endeavored to be settled through bipartite discussion or negotiation between the parties. If the dispute cannot be amicably settled either party, as soon as practicable, but not earlier than three months after a request to settle the dispute amicably has been made to the other party, give to the other party note in writing or existence of such question, dispute or difference, specifying the nature and the point at issue, and the same shall be finally settled by Arbitration conducted in (Patiala) in accordance with the Arbitration and Conciliation Act 1996 any modifications or reenactments thereto and relevant laws and regulations in force at that time in India. All such disputes and differences which may arise between the parties hereto as to the meaning, construction or effect of any of the terms and provisions of this agreement or as to the right or claim of either party under this agreement shall be referred to the sole arbitration of the Chief General Manager Telecom, Punjab Circle Chandigarh or his nominee including any office of Bharat Sanchar Nigam Limited (BSNL) nominated by him and the Franchisee shall not raise any objection to such arbitration on the ground that the arbitrator is an o icer of Bharat Sanchar Nigam Limited (BSNL) and as such is an interested party or that the Arbitrator so appointed has earlier dealt with the subject matter of this agreement. Any order/ Directions/ Awards of the Arbitrator shall be final and binding on both the parties. The arbitration proceedings shall take place in (Patiala) and will be governed by the provisions of the Arbitration and Conciliation act 1996 or of any statutory amendment thereto or any reenactment thereof for the time being in force. The Arbitrator so appointed shall pass a speaking award. In case of any dispute the Patiala Court alone shall have the territorial jurisdiction to adjudicate upon the matter the agreement including the Annexures, constitute the entire Agreement of the parties with respect to the matters herein contained and supersedes all prior agreements and understandings between the parties whether written or oral. The agreement shall be signed by the authorized representatives of both parties. For the purpose hereof the "authorized representatives" of the BSNL (Bharat Sanchar Nigam Limited) and the Franchisee shall include only those persons listed in Annexure G hereof, their successors and such persons as may be designated in writing by the BSNL or Franchisee."
(3.) As per agreement between the parties, the Chief General Manager Telecom, Punjab Circle Chandigarh was to act as an Arbitrator. When after issuance of a notice dated 21.11.2011 invoking the arbitration clause nothing was done, the petitioner came to this Court by filing the present petition.;