Vipin Sanghi, CJ
1) The applicant has preferred the present application under Section 11(6) of the Arbitration and Conciliation Act, to seek appointment of an Arbitrator
to adjudicate the disputes which have arisen in relation to the Contract Agreement No. CEB/DDN/36 of 2004-2005 : Provn. of GCs Mess for 1200
Cadets at IMA Dehradun.
2) The disputes between the parties had been earlier also been referred to an Arbitrator. However, he did not render an Award within the stipulated
period, and the parties eventually did not agree to extend his term after initially granting him extension.
3) From the aforesaid, it is evident that there is no dispute about the fact that the parties entered into an agreement which contains an arbitration
agreement, and that disputes referable to arbitration have arisen between the parties.
4) The respondents in their counter-affidavit state that the claims of the applicant are barred by limitation. This is an issue which squarely falls for
determination by the Arbitral Tribunal, as it would involve determination of disputed question and fact and application of law thereto.
5) Accordingly, I allow this Arbitration Application application, and appoint Mr. Justice M.M. Ghildiyal, Retd. Judge, Uttarakhand High Court, to act as
a sole Arbitrator to adjudicate the disputes between the parties.
6) The learned Arbitrator shall proceed with the arbitration from the stage that it was left by the erstwhile Arbitrator. As the erstwhile Arbitrator had
been appointed by the respondents, it shall be the responsibility of the respondents to make available the complete arbitral record, in a sealed cover, to
the learned Arbitrator. The erstwhile Arbitrator shall seal the record under his own seal, and provide the same to the respondents for being handed
over as such to the learned Arbitrator.
