- (1.) IN this application under section 11 (6) of the Arbitration and Conciliation act, 1996 (for short 'act') the applicant seeks to appoint independent arbitral tribunal.
(2.) CONTEXTUAL facts depict that as per clause 20 of the contract agreement in case of any dispute between the Managing director of Rajasthan State Seeds corporation and the applicant the managing Director would be the sole arbitrator for resolution of the dispute. The applicant served a notice on December 11, 2006 stating therein the details of dispute and claims to managing Director, Rajasthan State Seeds corporation Ltd. for conducting the arbitration proceedings for the settlement of disputes. But no proceeding as per clause 20 of the contract agreement was effected. Rather non applicant failed to perform the functions entrusted to him under the procedure and vide reply dated December 19, 2006 the managing Director refused to conduct proceedings. In reply to the notice sent by advocate of applicant, Advocate of respondent replied vide notice dated December 20, 2006, wherein it was stated that since there was no dispute in regard to agreement appointment of arbitrator was not at all required.
(3.) A reply to the application has been filed on behalf of respondent wherein it was stated that since arbitrator was appointed and award was already passed on January 10, 2008, therefore the application moved by applicant may be dismissed. Mr. J. K. Singhi, learned counsel for respondent verbally informed this Court that the arbitrator was appointed by respondent in the month of March, 2007.;