TMI Blog1998 (12) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... ecifications, designs, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the completion of abandonment thereof shall be referred to the sole arbitration of the person appointed by the Secretary, P.W.D. in charge of the work at the time of dispute or if there be no Secretary, the administrative head of the said P.W.D. at the time of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under this clause together with the amount or amount claimed in respect of each such dispute. It is also a term of the contract that if the contractor (s) do/does not make any demand for arbitration in respect of any claim (s) in writing within 90 days of receiving the intimation from the Govt. that the bill is ready for payment, the claim of the contractor (s) will be deemed to have been waived and absolutely barred and the Govt. shall be discharged and released of all liabilities under the contract in respect of these claims. The arbitrator (s) may from time to time with consent of the parties enlarge the time, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents on the very same day. Admittedly, no arbitrator was appointed by the appointing authority till the making of request by the petitioner to the Chief Justice under sub-section (6) of section 11 of the Act on 21st August, 1998 to appoint an arbitrator. Despite that, the respondents oppose the appointment of arbitrator by the Chief Justice or the person designated by him on two grounds. First, an arbitrator has been appointed by the appointing authority during the pendency of this applications on 29th September 1998. That being so, this application has become infructuous. Second, on the failure of the authority to appoint an arbitrator under the procedure set out in the arbitration agreement, the Chief Justice or the person designated by h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause even after the filing of the application. Miss Munim, learned Counsel for the petitioner, on the other hand, submits that the appointment after the filing of the application is no appointment in the eye of law. According to her, after filing of this application, the respondents cannot appoint the arbitrator. It can be done only by the Chief Justice or a person designated by him. 4. I have carefully considered the rival submissions. In the instant case, the petitioner waited for 30 days from the date of demand for appointment of arbitrator and having failed to get response from the appointing authority within that period, approached the Chief Justice of this Court for appointment of arbitrator under sub-section (6) of section 11 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appointment of an independent and impartial arbitrator. 5. I, therefore, proceed to appoint the arbitrator in exercise of powers under sub-section (6) of section 11 of the Act. Having regard to the nature of the dispute, I am of the opinion that a technical person will be a fit person to act as a sole arbitrator. The respondents have furnished a list of 10 persons, any one of them, in their opinion, can be appointed as arbitrator to decide the disputes and differences arising in this case. In that list, one of the person is Mr. M.C. Desai, retired Chief Engineer of the Gujarat State. Miss Munim, learned Counsel for the petitioners, has also no objection to the appointment of Mr. M.C. Desai as the sole arbitrator. 6. Accordingly, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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