LawDistill
Supreme Court of India

M/S CALCUTTA INDUSTRIAL CORP vs M/S JAYA STEEL & SCRAP LIC on 25 July, 2012

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ARBIT.PETITON No.-000018-000018 - 2011Official PDFBench Surinder Singh Nijjar, Shiva Kirti SinghAdvocates NITIN BHARDWAJ
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NO. 18 OF 2011
M/S. CALCUTTA INDUSTRIAL CORP. Petitioner(s)
VERSUS
M/S. JAYA STEEL & SCRAP LLC Respondent(s)
O R D E R

The Office Report indicates that the service

of notice in this matter is complete. However, in

spite of the notice having been served, none appears

on behalf of the non-applicant. The averments made

in the petition have remained un-controverted. The

arbitration clause does not indicate as to whether

the arbitration is to be referred to a sole

arbitrator or more than one arbitrator.

Learned counsel for the applicant submits

that the applicant would be satisfied if the matter

is referred to the sole Arbitrator. He has also

submitted that it would be appropriate to nominate a

former Judge of this Court.

In my opinion, there is a valid subsisting

arbitration clause. The non-applicant seems to have

prima facie acted in breach of the agreement. The

dispute seems to have arisen out of a bona fide

arrangement between the parties. The arbitration

petition also seems to have been filed within limitation. In JUDGMENTsuch circumstances, I allow this petition and refer the dispute raised in this

petition or any other dispute that may become

available to the parties, to the sole arbitrator.

The non-applicant shall be at liberty to raise any

counter-claim, if so advised.

I hereby appoint Mr. Justice B.P. Singh,

former Judge of this Court, residing at A-7, Neeti

Bagh, (3rd Floor), New Delhi-110049, as the sole

Arbitrator.

The learned arbitrator shall be at liberty to

fix his own remuneration and any other terms and

conditions for the arbitration as deemed fit and

proper, at his sole discretion. The seat of the

arbitration shall be in Delhi. However, the

Arbitrator may hold the arbitration proceedings at a

place most convenient to the parties, either within

India or outside India.

Let a copy of this order be communicated to

the learned Arbitrator so that he may enter upon

reference as expeditiously as possible.

New Delhi; July 25, 2012.