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2022 Supreme(Jhk) 233

SUJIT NARAYAN PRASAD
Kamdhenu Electronics Pvt. Ltd. – Appellant
Versus
Bharat Sanchar Nigam Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nitin Kumar Pasari, Advocate
For the Respondents:Mr. Arbind Kumar Jha, Advocate

JUDGMENT :

The instant application is under Section 11(6) (c) of the Arbitration & Conciliation Act, 1996 for appointment of sole Arbitrator in terms of the condition stipulated under the Contract as under Clause 34 for resolution of dispute in between the parties.

2. The petitioner-applicant, namely M/s Kamdhenu Electronics Pvt. Ltd., has been engaged in the business of sale and marketing of various kinds of BSNL Telecom Products apart of other related businesses. The petitioner-applicant has been allotted Franchisee ship under the Ranchi SSA of the Jharkhand Telecom Circle. According to the applicant, the work has been performed but the claim has not been decided.

3. The petitioner-applicant had approached to this Court by filing an application under Section 11(6) (c) of the Arbitration & Conciliation Act, 1996 being Arbitration Application No.13 of 2018 but a Co-ordinate Bench of this Court held the application to be not maintainable since without exhausting the remedy of making request as stipulated under Clause 34 of Franchisee Agreement, the application under Section 11(6) of the Arbitration & Conciliation Act, 1996 has been made. However, liberty was granted to the petitioner-a

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