M/s. N.D. Construction Company Vs. Jaipur Development Authority & Another (S.B. Arbitration Application No.71/2006) September 05, 2008. HON'BLE MR. SHIV KUMAR SHARMA, J. Mr. D.D. Sharma, for the applicant. Mr. Deepak Pareek, for the respondents. In the instant application under section 11 of Arbitration and Conciliation Act,1996 (for short ` 1996 Act') the applicant seeks to appoint independent arbitral Tribunal. 2. Having heard the submissions and scanning the material on record, I find that notice was served by applicant on the respondents through his Advocate on May 14, 2001 to appoint empowered committee in view of clause 23 of the agreement No.4/99-2000. But empowered committee was not appointed by the respondents. Although it is stated in the reply that on May 14, 2001 empowered committee was appointed, the said statement does not appear to be correct. It was Zonal Engineer of Jaipur Development Authority and not the empowered Committee, who wrote the applicant to submit his claim vide letter dated June 26, 2001. The letter reads thus:- "You are directed to apply your claims in prescribed annexure form No.RPWA 90 as per procedure laid down in PWF & AR." 3. Since empowered Committee was not appointed within thirty days of the claim, the applicant rightly approached this court. In Datar Switchgears Ltd. V. Tata Finance Ltd. (2000)8 SCC 151, their Lordships of the Supreme Court held as under:- “As far as Section 11(6) of the Arbitration and Conciliation Act,1996 is concerned, if one party demands the opposite party to appoint an arbitrator and the opposite party does not make an appointment within 30 days of the demand, the right to appointment does not get automatically forfeited after expiry of 30 days. If the opposite party makes an appointment even after 30 days of the demand, but before the first party has moved the court under section 11, that would be sufficient. Only then the right of the opposite party ceases.” 4. As a result of the above discussion, I allow the instant application and appoint Justice S.C. Mittal (Retired) as arbitrator to settle the disputes. Fees and other terms and conditions of arbitration shall be settled by the Arbitrator. The Arbitrator is expected to charge reasonable fee. A copy of the order be sent to the Arbitrator. (Shiv Kumar Sharma)J. arn/