THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Arbitration Application No.52 of 2011 16th August, 2011 Between :- M/s.Uttam Enterprises, Kolkata Rep.by its duly constituted Attorney – Uttam Jhawar .. Applicant And M/s.Nagarjuna Construction Company Ltd., 6-3-698/A, First Floor, Pawani Plaza, Punjagutta, Hyderabad, rep. By Its Managing Director .. Respondent THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Arbitration Application No.52 of 2011 ORDER:- This application has been taken out by M/s.Uttam Enterprises under sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996, read with Para 3(i)(c) of the Scheme for Appointment of Arbitrators, seeking appointment of an Arbitrator for resolution of the disputes between the parties relating to Contract No.NCCL/Metals/ISP/PO-134/09-10, dated 24-6-2009. The applicant is a proprietory concern having its Office at 15/2C, Chetla Road, Kolkata-700027. It is engaged in the business of manufacturing and supplying of various steel materials used in construction of building. The respondent – M/s.Nagarjuna Construction Company Limited is a company registered under the Companies Act, 1956, having its registered office at 6-3-698/A, First Floor, Pawani Plaza, Punjagutta, Hyderabad. It is engaged in the business of construction. The respondent Company approached the applicant for supply of various mild steel structural steel materials (plats and rolled section). Accordingly, the applicant supplied the material under Purchase Order. The respondent became due an amount of Rs.65,73,827/-. Despite repeated demands, the respondent failed to liquidate the liability. As per the terms of the Purchase Order dated 24-6-2009, disputes between the parties are required to be settled by a sole Arbitrator to be nominated by the Managing Director of NCC. Notice to the respondent came to be ordered on 1-7-2011. The respondent entered appearance through a Counsel. Learned Counsel appearing for the respondent reported no objection for appointing the Arbitrator for resolution of the disputes between the parties. The very fact of dispute between the parties is not contradicted by the learned Counsel appearing for the respondent. As per clause 18 of the Purchase Order, the disputes between the parties are required to be settled by a sole Arbitrator. The procedure for appointment of arbitrator is contemplated under clause 18 of the Purchase Order. The applicant made a request to the Managing Director of NCC for appointment of a sole Arbitrator under letter dated 7-4-2011. However, the respondent has not appointed the Arbitrator. In that view of the matter, I find that the applicant has made out a valid ground for appointment of an Arbitrator. Accordingly, the arbitration application is allowed. No order as to costs. Sri Justice T.Ranga Rao, a retired High Court Judge is appointed as sole Arbitrator for resolution of the disputes that have arisen between the parties relatable to Purchase Order No.NCCL/Metals/ISP/PO-134/09-10,dated 24-6-2009. He is at liberty to fix his own fee. _________________________ B.Seshasayana Reddy, J 16th August, 2011 smr