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2020 Supreme(Ori) 186

MOHAMMAD RAFIQ
Sukanti Bank – Appellant
Versus
Bedabyas Barik – Respondent


Advocates Appeared:
For the Appellant : Janmejaya Ray
For the Respondents: Bibhuti Bhusan Mishra

ORDER :

Mohammad Rafiq, J.

1. This petition has been filed by Smt. Sukanti Barik, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, "the Act, 1996") seeking appointment of an independent Arbitrator to arbitrate the disputes between the petitioner and the opposite parties.

2. The case of the petitioner as set out in the petition in brief is that the opposite party took loan of Rs. 2,60,53,175/- (two crore sixty lakhs fifty-three thousand one hundred seventy five rupees) from the petitioner on 11.10.2014 and in this regard an agreement under Annexure-1 was executed between the parties. As per clause 6 of the said agreement, any dispute arising out of the agreement is to be referred to the sole Arbitrator within the jurisdiction of Bhubaneswar, whose decisions shall be final and binding on the parties. It is contended by the petitioner that as the opposite party fails to repay the loan amount as per the terms and conditions of the agreement, the petitioner sent number of letters through her Advocate to the opposite party. Since the opposite party did not turn up, the petitioner appointed the sole Arbitrator to adjudicate the matter. The opposite party appeared

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