Heritage Institute Of Hotel And Tourism Vibhav Nagar vs. Ses Technologies Ltd. And Another

Chief Justice's Court

Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 49 of 2011

Applicant :- Heritage Institute Of Hotel And Tourism Vibhav Nagar Opposite Party :- M/S Ses Technologies Ltd. And Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- Saral Srivastava

Hon'ble Govind Mathur,Chief Justice

Despite notice, none is present on behalf of the respondents.

The applicant and the respondents Ses Technologies Ltd. entered into an agreement on 10th June, 2008 for purchase of notebooks (Agreement No.SES/AGT/HIHT/100608/01). Clause 5 of the agreement aforesaid, prescribes that in the event of any dispute or difference arising out of or in connection with this agreement, the same shall be referred to arbitration to be conducted by sole Arbitrator to be appointed mutually by both the parties in accordance with the provisions of Arbitration and Conciliation Act, 1996.

As per the applicant, a dispute arose between the parties and, therefore, by a notice dated 16th December, 2010 a request was made to the other party for appointment of Arbitrator as per provisions of clause-5.1 of the agreement dated 10th June, 2008. On having no response to the notice aforesaid, instant application was filed on 23rd August, 2011.

On asking, it is stated that the dispute between the parties is still survives and as such a sole Arbitrator is required to be appointed by this Court invoking the powers under Section 11(6) of the Act of 1996.

As proposed by learned counsel for the applicant, Sri Devendra Singh, a practicing Advocate at District Court Agra, R/o 85, Purushottam Bagh Colony, Dayal Bagh, Agra having Mobile No.09837080050 is appointed as sole Arbitrator to resolve the dispute between the parties as agitated in the notice dated 16th December, 2010. The sole Arbitrator shall be entitled to have remuneration as per Schedule-IV of the Act of 1996.

The application stands disposed of accordingly.

Order Date :- 22.1.2019 Bhaskar

(Govind Mathur, C.J.)