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2021 Supreme(Sikk) 109
HIGH COURT OF SIKKIM
Jitendra Kumar Maheshwari, CJ.
Union of India - Appellant
Versus
Aarpee Infraprojects (P) Ltd. - Respondent
Arb. P. No. 03/2020
Decided On : 26-08-2021
Ms. Sangita Pradhan, Asst. Solicitor General of India, for the Petitioner; None, for the Respondent
Court appointed an Arbitrator under Section 11 of the Arbitration and Conciliation Act, ensuring arbitration process continuity despite the respondent's absence.
Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 11 - Appointment of an Arbitrator - Petition filed under Section 11 for appointment, proposing Hon’ble Mr. Justice Sadanand Mukherjee, later amended to Hon’ble Mr. Justice Satish Kumar Agnihotri - Respondent did not appear, and consent of proposed arbitrator was obtained - Court directed the appointment of Mr. Justice Agnihotri as sole Arbitrator who shall adjudicate according to law. (Paras 1-3)
Facts of the case:
The petition filed under Section 11 for the appointment of an Arbitrator includes a proposal for Justice Sadanand Mukherjee, and later Justice Satish Kumar Agnihotri, with the respondent not appearing nor objecting to the proposal.
Findings of Court:
The court appointed Hon’ble Mr. Justice Satish Kumar Agnihotri as the sole Arbitrator to manage the arbitration proceedings as per law.
Issues: The main issue was to decide on the appointment of a sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
Ratio Decidendi: The court recognized the necessity of appointing an Arbitrator when the respondent fails to appear, ensuring that arbitration process continues as per legal provisions.
Result: Petition disposed of and Hon’ble Mr. Justice Satish Kumar Agnihotri appointed as the sole Arbitrator.
JUDGMENT
Jitendra Kumar Maheshwari; CJ.:--
Ms. Sangita Pradhan, learned Assistant Solicitor General of India appearing on behalf of the petitioner.
This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.
The petitioner made a proposal for appointment of Hon’ble Mr. Justice Sadanand Mukherjee, former Judge of Patna High Court to be appointed as Arbitrator, but on the last date i.e. on 26.07.2021, the name of the former Chief Justice of this Court, Hon’ble Mr. Justice Satish Kumar Agnihotri was proposed. The petitioner has not shown any objection on it but because the respondent did not appear in the case, therefore, notice was sent to them for the said proposal and the consent from Hon’ble Mr. Justice Satish Kumar Agnihotri has also been sought for.
As per Office Report notice sent to the respondent has been served, but again the respondent has not appeared in the case.
The consent of Hon’ble Mr. Justice Satish Kumar Agnihotri has also been received by this Court.
In view of the above, this Petition is hereby disposed of with a direction that Hon’ble Mr. Justice Satish Kumar Agnihotri is appointed as a sole Arbitrator in the matter, who shall adjudicate the issue in accordance with law.
With the aforesaid observation, this Arbitration Petition stands disposed of.
