Delhi High Court
Nagina Enterprise vs Union Of India on 7 March, 1989
Equivalent citations: 1989 (2) ARBLR 31 Delhi, 38 (1989) DLT 231, 1989 (17) DRJ 42
Author: C Chandhry
Bench: C Choudhary
JUDGMENT
C.L. Chandhry, J.
(1) This is an application under Section 151 of the Code of Civil Procedure on behalf of the petitioner seeking direction that an independent Arbitrator be appointed in terms of order dated 10th January, 1986 of this Court. It is stated that a petition under Section 20 of the Arbitration Act was disposed of by this Court vide order dated 10th January, 1986- directing the respondent to appoint an Arbitrator within one month from that date ; that nearly three years have passed by but the respondent have not appointed any Arbitrator in terms of the order dated 10th January, 1986. In these premises, it is prayed that an independent Arbitrator be appointed.
(2) The notice of this application was given to the Union of India. The counsel for Union of India sought 2-3 adjournments to seek instructions but it was not done. I have heard the learned Counsels for the parties. The petition filed under Section 20 cf the Arbitration Act by the petitioner was disposed of by this Court vide order dated 10th January, 1986. The operative portion of the order reads as under : "UNDER these circumstances, accepting the main petition under Section 20 of the Arbitration Act, 1940, it is directed that the Arbitration agreement be filed in Court and the disputes and differences between the parties set out in para 20 of the petition are now referred to sole arbitration of an officer in the Ministry of Law, to be appointed by the Director General of Supplies and Disposals, as per the Arbitration agreement between the parties. The interim injunction already granted is now made absolute till the giving of the award by the Arbitrator, The Arbitrator be appointed within one month from today. The respondents Union of India may file its counter claim, if any, before the Arbitrator."
(3) The grievance of the petitioner is that despite the order, no Arbitrator has been appointed by the Director General of Supplies and Disposals. No cause has been shown by the Union of India as to why the Arbitrator has not been appointed. In these circumstances, I have no hesitation to allow the application and this is a fit case for appointing an independent Arbitrator. Accordingly, the application is allowed and Mr, S.R. Khandelwal Advocate, 315, Lawyers Chambers, Delhi High Court, New Delhi is appointed as Sole-Arbitrator for adjudication of the disputes mentioned in para 20 of the petition. The Union of India is also given liberty to file its counter claim, if any, before the Arbitrator. The Arbitrator shall submit his Award within four months from the date of entering upon the reference. Fee of the Arbitrator is tentatively fixed at Rs. 5,000.00 initially to be paid by the petitioner. Application is disposed of in terms of this order.
