JUDGMENT :

1. An application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short “the Act of 1996”) has been filed to seek appointment of an independent Arbitrator.

2. The appointment of independent Arbitrator is sought in reference to the dispute arose on execution of work pursuant to an arbitration agreement. A reference of Clause 63 and 64 of the General Conditions of Contract has been given for appointment of Arbitrator.

3. Learned counsel for applicant submits that despite a clause for arbitration and notice for appointment of Arbitrator to resolve the dispute, the non-applicants failed to nominate an independent Arbitrator thus present application has been filed. A reference of letter dated 18th March, 2017 has been given. A dispute was raised with a request to refer it to the Arbitrator. The non-applicants sent a letter on 22nd February, 2018, disclosing names of four ex-employees. It is with a direction to select two out of it to be appointed as Arbitrators.

4. The letter dated 22nd February, 2018 to nominate Arbitrators was sent after expiry of period of 30 days and otherwise, it is hit by Section 12(5) of the Arbitration and Conciliation (Amendment) Act,