Arb.P./1/2023 of AANUJ INFRAPROJECTS PVT. LTD. Vs UNION OF INDIA AND ANR. on 17 March 2023

J U D G M E N T

This is an application under section 11 of the Arbitration and Conciliation Act, 1996 (as amended till date), for appointment of an Arbitrator.

At the time of hearing of the matter, the learned Deputy Solicitor General of India submits, on instruction, that her client has no objection for appointment of a sole Arbitrator for adjudication of the disputes which may have arisen between the parties. However, she submits that the sole Arbitrator to be appointed should be an independent Arbitrator to be nominated by this Court and not based on the suggested names provided by the petitioner in the instant arbitration petition.

Considering the facts and circumstances of the instant case, this Court is of the view that the former Chief Justice of the erstwhile Andhra Pradesh High Court, which was situated at Hyderabad, Shri Justice Kalyan Jyoti Sengupta, may be appointed as the sole Arbitrator for adjudication of the disputes which may have arisen between the parties. It will be open to the learned Arbitrator to select the venue of arbitration and also determine his fees as well as the pm/ami required fees/charges for secretarial assistance. The learned Arbitrator may initiate the arbitral proceedings as expeditiously as possible, preferably within a period of 4 (four) weeks from date of communication of a photostat certified copy of this order.

Since no filing of affidavits were called for, allegations made in the instant arbitration petition shall be deemed to have been not admitted by the respondent.

The application is, accordingly, disposed of.

(Biswanath Somadder) Chief Justice