1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.ARBITRATION APPLICATION NO.16/2010 Smt.Firoza Hussain Versus The State of Rajasthan and others DATE OF ORDER --- December 09,2010 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Mr. S.C.Mittal, for the applicant Mr.L.N.Boss, Addl.Govt.Counsel for the respondents (1) Heard learned counsel for the parties on the application u/s 11 of the Arbitration and Conciliation Act, 1996 (for short `the Act of 1996') for appointment of the Arbitrator. (2) There is no dispute about the fact that arbitration Clause 23 exists in the agreement dated 26.5.2008. (3) Counsel for the applicant submits that on account of certain difficulties explained to the Department, the applicant sought extension for completion of work order up to 30.5.2009. (4) Counsel for the respondents submits that the petitioner was a defaulter, therefore, the contract was rightly cancelled and the earnest money was rightly forfeited. Counsel for the respondents further submits that in case the Arbitrator is appointed by this Court, then, the respondents may be allowed to raise the aforesaid objection before the Arbitrator. (5) On consideration of the aforesaid submissions, I am of the view that the dispute between the parties is required to be resolved by the Arbitrator. (6) As regards the name of the Arbitrator, counsel for both the parties agree that Mr.Justice Anoop Chand Goyal, retired Judge of this Court may be appointed as the Sole Arbitrator. I also deem it proper to appoint Mr.Justice Anoop Chand Goyal, retired Judge of this Court as the Sole Arbitrator. 2 (7) I, therefore, appoint Mr.Justice Anoop Chand Goyal, retired Judge of this Court (D-19-B, Meera Marg, Bani Park, Jaipur) as the Sole Arbitrator, and the matter is referred to him for resolving the disputes between the parties, arising out of the agreement dated 26.5.2008. The Sole Arbitrator will fix his fee according to the Arbitration Manual. All objections would be open to be raised by the respondents before the Sole Arbitrator. (8) The arbitration application is allowed. (9) A copy of this order be sent to Mr.Justice Anoop Chand Goyal. (Prem Shanker Asopa) J. गोpa ल