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.