Case Note & Summary
The petitioner, M/s Bafna Udyog, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a retired District Judge as sole arbitrator to conduct arbitral proceedings at Nashik. The dispute arose from a contract between the petitioner and the respondents, Micro & Small Enterprises Facilitation Council and Siddhivinayak Exports. The petitioner alleged that despite notice, the respondents failed to appoint an arbitrator, necessitating court intervention. The court, presided by Dr. Neela Gokhale J., considered the petition and found that the respondents had not appointed an arbitrator despite being given an opportunity. The court allowed the petition and appointed a retired District Judge as the sole arbitrator to resolve the dispute. The judgment was pronounced on 16th January 2024.
Headnote
A) Arbitration Law - Appointment of Arbitrator - Section 11(6) Arbitration and Conciliation Act, 1996 - Failure to Appoint - Petitioner sought appointment of a retired District Judge as sole arbitrator due to respondent's failure to appoint arbitrator despite notice - Court allowed the petition and appointed a retired District Judge as sole arbitrator - Held that the court has power to appoint arbitrator under Section 11(6) when respondent fails to act (Paras 1-2).
Issue of Consideration
Whether the petitioner is entitled to appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, given the respondent's failure to appoint an arbitrator despite notice.
Final Decision
The court allowed the petition and appointed a retired District Judge as the sole arbitrator to conduct arbitral proceedings at Nashik.
Law Points
- Section 11(6) of the Arbitration and Conciliation Act
- 1996
- Appointment of arbitrator by court
- Failure to appoint arbitrator
- Consent of parties
