- (1.) The instant application has been filed by the applicant seeking appointment of arbitrator/arbitral tribunal under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the said Act'), on the ground that the respondents had failed to refer the disputes to an independent arbitrator.
(2.) In the instant case it appears that pursuant to the agreement executed between the parties, the petitioner was awarded the work Package-II, for relocation of 14 slums on 3 relocation sites at Jaisinghpura Khor on Delhi Road, JDA, Jaipur as per Work Order No. F8()/JDA/EE/PDC-II/2010-11/D-31 dated 17.2.11. On certain disputes having arisen between the parties, the applicant through its advocate hadsubmitted an application dated 17.12.12 to the Secretary, JDA, in the prescribed form requesting him to refer the disputes to the persons other than the persons referred in Clause 23 of the agreement in question. The applicant had also submitted the cheque of Rs. 1,00,000/- towards the prescribed fees. The non-applicant thereafter did not refer the said dispute to the Standing Committee or any other committee and hence the present application has been filed by the applicant for the appointment of an independent arbitrator under Section 11 of the said Act. The application has been resisted by the respondents by filing the reply contending interalia that the applicant had not complied with the requirement of Clause 23 of the agreement and hence, the applicant was not entitled to the appointment of the arbitrator under Section 11 of the said Act.
(3.) It has been submitted by the learned counsel Mr. Sameer Jain for the applicant that though the applicant had called upon the respondents to appoint an independent arbitrator in view of Clause 23 of the agreement in question, the respondents neither referred the disputes nor replied to the application of the applicant. He further submitted that to show his bonafides, the applicant had also submitted the cheque of Rs. 1 lac alongwith his application in the prescribed form as contemplated under Clause 23 of the said agreement and hence had complied with all the formalities. According to him, the applicant had requested the respondents to appoint an independent arbitrator as authorities above the members of the standing committee referred in Clause 23 had taken the decision against the applicant.;