IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Arbitration Application No. 3 of 2010 M/s Singla Realters Limited. .……… Applicant Versus Nagar Palika Parishad. ………. Respondent Mr. Anant Kumar Agarwal and Mr. Vivek Kumar, Advocates for the applicant. Ms. Joyce Irwin, Advocate holding brief of Mr. D.S. Patni, Advocate for the respondent. Hon’ble J.S. Khehar, C.J. It is not a matter of dispute, that the petitioner and the respondent entered into a contract dated 29.04.2009. One of the conditions stipulated in the contract was, that in case of a dispute, rather than adjudication at the hands of a court, the parties will settle their dispute through arbitration. Clause 21 of the contract dated 29.04.2009, which postulates the issue of adjudication of dispute arising out of the contract at the hands of the arbitrator, is being extracted hereunder: “21. fdlh Hkh izdkj dk fookn mRiUu gksus ij nksuksa Ik{kksa dks fdlh U;k;ky; esa u tkdj ds vkjchV~zsVj ds :i esa ftykf/kdkjh uSuhrky dks fu.kZ; dk iw.kZ vf/kdkj gksxkA” 2. Consequent upon certain disputes, having arisen between the parties, the petitioner addressed a legal notice dated 05.03.2010, requiring the respondent to appoint an arbitrator. Since no arbitrator was appointed within the time stipulated in terms of Section 11 of the Arbitration and Conciliation Act, 1996, the instant petition has been filed by the petitioner, requiring this Court to appoint an arbitrator. 3. Learned counsel for the respondent states, that she has no objection to the appointment of an arbitrator in terms of clause 21 of the contractual agreement dated 29.04.2009. 4. In view of the above, the District Magistrate, Nainital, is hereby appointed as arbitrator to settle the disputes raised by the petitioner. The parties shall appear before the District Magistrate, through counsel, on 10.05.2010 at 11:00 a.m. 2 5. In view of the aforesaid direction, the instant Arbitration Petition is disposed of. (J.S. Khehar, C. J.) 23.04.2010 G