- (1.) Instant application has been filed by the applicant for appointment of arbitrator u/S 11 of Arbitration & Conciliation Act,1996 ("Act,1996").
(2.) It has been alleged in the application that the applicant is not being permitted to enjoy the leased property since the dispute created by the neighbor lessee of plot no.53(A) M/s. RK Engineer is causing daily interference in common use of five meter drive way and the RIICO, who is the lessor and with whom lease deed has been executed, a complaint was made by the applicant to the RIICO that the another lessee M/s. RK Engineering of industrial plot no.53(A) duly sub-divided with the permission of RIICO, is causing hindrance in use of the industrial plot allotted and even after payment of lease rent the lessor RIICO has failed to resolve the dispute with M/s. RK Engineering who is neighborer lessee of RIICO and there is a clause of arbitration in the lease deed initially executed or revised lease deed for settlement of the dispute if there arises out of the lease agreement the sole arbitrator or the collector in district wherever lease plot is situated and despite notice being served since RIICO the non applicant failed to appoint arbitrator that compelled the applicant to approach this Court by filing of application for appointment of arbitrator u/S 11 of the Act,1996.
(3.) Before examining the submission of the applicant it will be appropriate to first take note of the factual matrix of the matter from which the dispute arises for consideration in the instant application. The RIICO alloted plot no.53, Malviya Nagar Industrial Area, measuring 1950 sq. mtr. to M/s. Rajasthan Micanite Product on 19.06.1978 on lease and the lease deed was executed between the parties on 13.10.1978 and that contains a clause-3(h) for settlement of the dispute, which reads ad infra : "Every dispute, difference or questions, touching or arising out or in respect of this deed or the subject matter thereof shall be referred to the sole arbitration of the Collector of the district wherein the leased plot is situated or any person appointed by him, the decision of such arbitrator shall be final and binding on the parties.";