// 92/4/ ® * XI—HC—78 ‘. Maw . 4 2 1 .C.C.No. 52/05 and for respondent in M.C‘C.No. 171/05. Shri Anii Pandey, lea ned counsel for the petitioner in ,VM.C.C.1 71/05 and for respondent in M.C.C.No. 52/05. Since the petitioner in M.C C.No. 52/05 is respondent in M.C.C.No. 171/05 vice versa, both these applications are disposed of by this common order. Advocate for the petitioner in The PECPL has preferred an application {M.C.C.No. 52/05} under Section 11(6) of the Arbitration a d Conciliation Act, 1996 for appointment of an arbitrator in the capacity of etitioner. Learned counsel for the P CPL submits that a dispute with respect to non-payment of Rs. 53,463 0/- towards the consultancy fees was raised by it. When the dispute s raised was not resolved, a notice dated 15.12.2004 addressed to the l SL was sent by; the PECPL invoking arbitration clause of the contract greement, whereby the name of Hon’ble Shri Justice P.K. Jain, retired Jud e of the Delhi High Court was proposed to be appointed as arbitrator on their behalf to settle the dispute arose , between them and called upon l SL to confirm the nomination of Hon’ble Shri Justice P.K. Jain (Retd.) to e appointed as arbitrator within 30 days from the date of receipt of that n tice. However, the IASL by their reply dated 20‘“ January 2005 did not onsent to the proposed appointment of Hon’ble Shri Justice P.K. Jain Retd.) as sole arbitrator and also no P.T.O. /« WWW WW§WW WWW mwm l %3Tf%m3n%&1 22.08.2006 Shri V.R. Rao, learned counsel with Shri Vinod Deshmukh, XI—H-78 C HW,WWW WW rim w~..i..l.. .?"’5 1H 200 mm (W) -3 -, Wamm WWW Wim m®m mwm é:w%qm The contract agreement b tween the parties is not in dispute. lt is also not in dispute that the pa ties have agreed to refer their dispute arising out of the contract agre ment to the sole arbitrator though no procedure is prescribed in the c ntract agreement. The fact that PECPL by notice dated 15122004 pro osed the name of Hon’ble Shri Justice ‘ P.K. Jain (Retd.) to be appointad as sole arbitrator, requested the IASL to consent the proposed name whi h was subsequently turned down by the IASL vide reply dated 20.01.20 5, is aiso not in dispute. proposal was made on behalf of ASL for appointment of arbitrator by the said reply Hence the instant a plicatlon ie M C C No 52/05 has been filed for appomtment of sole arbrt ator Subsequent to tiling of th petition the IASL has also preferred an application being M.C.C,No. 1 71 5 under Section 11 (6) of the Arbitration and Conciliation Act with respect o the same contract agreement. lt is not in dispute that the parties er tered into a contract agreement for engineering and consultancy se ices on 02“ April 2003 and as per the stipulation of this contract agre ment any dispute arising between the consulting engineer (PECPL) an the client (IASL) in regard to the terms and conditions hereof or their in erpretation shall have the jurisdiction of the courts at Raipur only & exclu ively and the dispute shall be settled by arbitrator in terms of the provisio s of the..Arbitration and Conciliation Act, 1996. it is also not disputed that the dispute betw en the parties can be referred to an arbitrator which is within the juris iction of this Court. ”‘.l P.T.O. [ i XI—HC—78 aazmmwma§WNg,W .o..o‘oo.o... . Mcc No.1?1/Z'D‘UN‘ WW f- @ o...o... m 200 WW(W) H; - WWW WWW mmwm WW§WW $WW As a result. both these V observation that it is a fit case for ; of the dispute. Registry to intimate Hon’ble M.P. .High Court, about his appoil papers along with address of the p Parties are also directed to ‘(Retd.), who is presently residing Nagar, Nagpur and to submit j proceedings. However, at the time of he the proceedings that they have n Court is appointed as the sole arbi applications are disposed of with an appointment of arbitrator for adjudication aring it was submitted by the parties to a objection if any retired Judge of High trator to adjudicate the dispute. I, therefore, herebyappoin‘ Hon’ble Shri Justice C.P. Sen, retired Judge of M.P. High Courtj Jabalp r, presently residing at Jnanranjan Sen 'Marg, 205, Congress Nagar, Nag ur-440012. as Arbitrator, subject to his consent The Hon'ble Arbitrator m settle his terms and conditions and remunerations. 'l i Shri Justice C.P. Sen, retired Judge of 1tment as Arbitrator and to send all the arties. approach Hon'ble Shri Justice C.P. Sen at Jnanranjan Sen Marg, 205. Congress )apers and to take part in arbitration Sd/- Dhirendra Mishra Judge P.T.O.