UDAY UMESH LALIT, INDU MALHOTRA
Giriraj Garg – Appellant
Versus
Coal India Ltd. – Respondent
JUDGMENT :
INDU MALHOTRA, J.
Leave granted.
1. The present Civil Appeal arises out of an Order dated 21/18.05.2018 passed by a learned Single Judge of the Jharkhand High Court at Ranchi, in Arbitration Application No. 11 of 2016. The Appellant filed an Application u/S. 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "1996 Act") for appointment of an independent arbitrator to adjudicate the disputes that had arisen between the Petitioner and Respondent No. 2.
2. The factual matrix of the present case, briefly stated, is as under:
2.1. Respondent No. 1 issued the 2007 Scheme, whereby coal distribution would be conducted through e-Auction, with a view to provide access to coal for buyers, who were not able to source coal through the available institutional mechanism. This system would provide an equal opportunity to purchase coal through a single-window service to all intending buyers, and facilitate country wide access to booking coal online for all sections of coal buyers, through a simple, transparent system.
Clause 11.12 of the 2007 Scheme contains an arbitration clause which reads as under -
"11.12 In the event of any dispute, Bidder/Buyer is necessar
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