Vijay Prakash Toshniwal Vs. The Managing Director RSRDC & Another (S.B. Arbitration Application No.9/2008) September 05, 2008. HON'BLE MR. SHIV KUMAR SHARMA, J. Mr. Anil Upman, for the applicant. Mr. Inderjeet Singh, 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 arbitrator. 2. Having heard the submissions and scanning the material on record, I find that pursuant to NIT bearing No.34/2002-03 the work was allotted to applicant. On dispute the applicant served the notice to respondents to refer the matter to empowered committee in view of clause 23 of the agreement. 3. After receipt of notice sent by applicant, the respondents failed to act in accordance with caluse 23 of the agreement. 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. In this situation it is necessary to appoint independent arbitrator under section 11 of 1996 Act. 5. As a result of the above discussion, I allow the instant application and appoint Justice Pana Chand Jain (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/