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2013 (5) TMI 487 - DELHI HIGH COURTArbitration procedures - right to appointment of Arbitrator - Held that:- No concrete prima-facie evidence to show that after the receipt of notice from the petitioner in order to invoke the arbitration, there were any serious discussions and suggestions made by the respondent with regard to balance payment claimed by the petitioner. No doubt, there are some documents which would suggest that the meetings were attended by the representatives of the petitioner but there is no direct material which may establish about the discussion of balance amount claimed by the petitioner, though prior to issuance of notice minutes of the meeting held on 19th November, 2012 have been produced where decision on payment to the implementing Agency was taken. In view of the settled law of Datar Switchgears v. Tata Finance Ltd. [2000 (10) TMI 873 - SUPREME COURT OF INDIA] it is clear that the respondent had forfeited its right to appoint the arbitrator after the expiry of statutory period. The discretion of appointment of sole arbitrator is now left with the Court. Thus, the appointment of Sh.J.K.Roy, Member (Technology) – Retd., Department of Telecommunications is not a valid appointment in accordance with law. Thus, the prayer made in the petition is allowed. In view of the above, Hon’ble Mr.Justice R.C.Lahoti, Former Chief Justice of India (R/o B-56, Sector 14, Noida, U.P., Mob.No.9868858999) is appointed as sole Arbitrator to adjudicate the disputes between the parties as mentioned in this petition.
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