THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE ARBITRATION APPLICATION No.162 of 2023

ORDER:

Mr. P.Pratap, learned counsel for the applicant.

Mr. Dinesh K. Gilda, learned counsel representing Mr. Damodar Mundra, learned counsel for the respondent. 2. This application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as, “the Act”) has been filed for appointment of an arbitrator.

3. Facts giving rise to filing of this application briefly stated are that the parties had entered into an agreement on 03.09.2016. The agreement admittedly contains an arbitration clause. A dispute between the parties under the agreement had arisen. Therefore, the applicant had issued a notice on 24.11.2018 to which the respondent submitted response on 05.12.2018. However, the applicant did not take any further steps.

4. In the meanwhile, the respondent filed a civil suit, namely Civil Case No.39 of 2020, for recovery of an amount of Rs.63,75,356/- along with interest. In the aforesaid civil suit, the applicant filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC). The aforesaid application was rejected by an order dated 06.04.2022 by the Upp