This application under Section 11 6 of the Arbitration and Conciliation Act, 1996 hereinafter referred to as the Act has been filed seeking appointment of a Sole Arbitrator in terms of clause 22.3 of the Supply Contract between the parties which was entered into in the following circumstances In March 2006, MTNL issued a tender for supply, installation, testing, companymissioning of Broadband Access Network.
The petitioner sent a legal numberice dated 28th November, 2014 calling upon the respondent to make payment of the outstanding dues along with interest thereon within seven days failing which it was stated in the numberice that the petitioner would be invoking clause 22 of the Supply Contract which provided for arbitration and will proceed to appoint Mr. Justice S.K. Dubey, a former judge of the High Court of Madhya Pradesh as the sole Arbitrator.
In these facts the learned sole Arbitrator Shri Justice S.K. Dubey by order dated 21st January, 2015 recused himself from the proceedings.
On 9th April, 2007, the parties entered into a Supply Contract for the aforesaid project.
The companytract was awarded in favour of the respondent by the MTNL.
Both the petitioner and the respondent together bid against the tender floated and the respondent acted as the lead bidder.
Thereafter the respondent raised a dispute with regard to the reference to the arbitration and rejected the appointment of Shri Justice S.K. Dubey as the sole Arbitrator.
The Court has heard the learned companynsels for the parties.
As numberresponse was received to the aforesaid numberice, the petitioner by letter dated 29th December, 2014 appointed Shri Justice S.K. Dubey which appointment was accepted.
