av e, ,, “by i U) I IN THE HON’BLE HIGH COURT/OF CHHATTISGARH AT BILASPUR M.C.C.NO. lg [2004 $mgk-a WW IN THE MATTER OF‘ M/l s Tribal Co—operative Marksting Development Feberation of India Limited (TRIFED) NQEUI Building Second Floor 3 Sjhri Institutional Area, Auig‘ust Kranti Marg, Ne’w‘Delhi — 1 100 16 Thirough : ItsjRegional Manager, vTRzlFED, Regional Ofiice' ’ ’ Jagdaipur (Chhattisgarh) APPLICANT i i E VERSUS M/s Hanuman Vitamins Foods Limited, kola Road, Khamgaon 444303 Disftt. Buldana (Maharashtra) 1 ‘ a I RESPONDENT \ AN! APPLIC 'TIQN ON BEHALF OF THE APPLICATION U DER SEE‘ITION l 1 OF THE ARBITRATION AND CONCILIATION ACT a 1996 READ gWITH SCHEME FOR APPOINTMENT OF ARBITRATORS VBY HE CHIEF JUSTICE OF CHHATTISGARH HIGH COURT , 2002; W T XI-HC—78 _Wmq.i$ In. .-.-.----.-.- .u...‘ ..... n .uu..u 111200 a1321m(qgf§aa) WWI¥WW mmmmet ' aimmésr @awmumlamg mccwo H$ wQW anémm'm aw! 3111121 main? 15 o7 2005 Heard Mr PC Pant Aovocate & Mr. Sunii Ottwani, learned counsel for the petitionerand Mr. A. Shrivastava, learned counsel for the respondent. An agreement was entered into between the petitioner and the ndent was to lift the stocks of sal §eeds from the godowns of the p titloner after paying all costs charges and expenses to the petitioner. petitioner has alleged that although several letters were issued to t before 30.09.2001 as stipulated n the agreement, the respondent did not pay any attention to the said etters and did‘not pay the amount as lflxed in the agreement except depositing of security amount and furnishing of bank guarantee. n the circumstances, the petitioner decided to forfeit the bank guara tee for amount of Rs.75,00.000/- and also security amount of Rs.17.00, OOI-. The petitioner then terminated the agreement by its letter dated 1 '.O,1 .2002 without prejudice to its right other civil remedies to recover the non-lifting of the stocks of Sal seeds by the respondent Clause 23 of the agreement provided that all disputes and l or difference wha ever arising between the parties out of the agreement relating to its co struction meaning, scope operation or effect of the agreement or the alidity or breach .of thereof shall be settled by an arbitrator In acc rdance with the prowsnons of the Arbitration and Conciliation Act 996 (hereinafter referred to as “the Act”). Accordingly, the petitioner ecided to proceed for arbitration and requested Shri Badri Bishal Agraw lto work as an Arbitrator. Shri Badri ‘Bishal Agrawal gave his consentt discharge his duties as an Arbitrator. respondent whereunder the res respondent for lifting the sal seeds to invoke the arbitration clause losses and damages on account o e h i Brajesh A notice dated 10.02.2003 wasu issued to the respondent asking him to give its consent to the name of Shri Badri Vishal Agrawai as an Arbitrator. But the responden sent a ietter dated 27.09.2003 to the counsel of the petitioner statin therein that the respondent has been registered with the BIFR in ca e No.256 of 2003. The petitioner has therefore, fried this apglic’ation under Section 11 of the Act with the «prayer to appoint an Arbitrator to decide the disputes and differences between the parties. in AGIO Countertrade TE Ltd. vs. Punjab Iron & Steel Co. Ltd., reported‘ in (1999) 5 SCC 34, the Supreme Court has held that the proceedings for appointment o an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 have a very narrow scope and are not covered by Section 22 of Sick industrial Companies (Speciai Provisions) Act, 1985. Con idering the aforesaid decision, there appears to be no bar for the Ch Justice to appoint the Arbitrator under Section 11 of the Act to decidet e disputes and differences between the parties in this case. r Accordingly, l appoint . Jose Po Verghes‘e‘, Advocate, New Delhi, as en Arbitrator to decide he disputes between the parties subject to his consent. The respondent may resist the claim of the petitioner or file any other application as av ilable to him under the law before the aforesaid Arbitrator. The application stands dis osed of; aSP/FS/2005-20,000 iii t" e i