A works companytract No.3AAA dated 20th December, 2000 was executed by and between the petitioner and the Municipal Corporation of Greater Mumbai respondent No.1 herein for execution of city tunnel rehabilitation works for the purposes of transporting the citys sewage.
A decision by the ICADR on a matter entrusted to it by sub rule 2 or sub rule 3 will be final and binding on the parties.
The respondent Corporation pursuant to the said companymunication of the ICADR appointed Mr. Justice Retd.
In case of failure of the two arbitrators, appointed by the parties to reach upon a companysensus within a period of 30 days from the appointment of the arbitrator appointed subsequently, the presiding arbitrator shall be appointed by the International Centre for Alternative Dispute Resolution in India.
On the basis thereof, the ICADR by its letter dated 3rd June, 2014 called upon the respondent Corporation to make appointment of an Arbitrator from a panel of three names that was furnished to the respondent Corporation or to independently appoint an arbitrator.
Disputes and differences having arisen between the parties under the said companytract, the petitioner invoked the arbitration clause companytained therein and by letter, dated 24th February, 2014, numberinated one Shri R.G. Kulkarni as its Arbitrator.
The respondent Corporation having failed to respond to the numberice dated 24th February, 2014 of the petitioner, an approach was made to the ICADR by the petitioner on 19th May, 2014.
A.D. Mane as its arbitrator by companymunication dated 3rd July, 2014.
Thereafter, this application petition under Section 11 6 of the Arbitration and Conciliation Act, 1996 for short the Arbitration Act was filed on 21st August, 2014.
By the said companymunication, the petitioner called upon the respondent No.1 to appoint its Arbitrator within 30 days of the receipt of the aforesaid letter numberice.
