IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No.42 of 2011 Date of decision : December 13, 2011 Biogenetic Drugs Pvt. Ltd. (Registered as Company under the Companies Act, 1956) 66, Mathur Vaish Nagar, Tonk Road, Sanganer, Jaipur, Rajasthan, works at Village Jharmajri, Baddi, Tehsil Nalagarh, District Solan, Himachal Pradesh, through its Managing Director Shri M.B. Goyal. …Petitioner. Versus 1. Bengal Chemicals & Pharmaceuticals Ltd. (A Government of India Enterprise and registered as a Company under the Companies Act, 1956) 6, Ganesh Chander Avenue, Kolkata, 700013, West Bengal. 2. Managing Director, Bengal Chemicals & Pharmaceuticals Ltd. (A Government of India Enterprise and registered as a Company under the Companies Act, 1956) 6, Ganesh Chander Avenue, Kolkata, 700013, West Bengal. …Respondents. Petition under Section 11 of the Arbitration and Conciliation Act, 1996 read with “the appointment of Arbitrators by Chief Justice of High Court of Himachal Pradesh Scheme, 2006” for appointment of arbitrator as per Clause XX of the Loan Licence Agreement, dated 9.8.2006 entered into between the petitioner and the respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Ashok Sharma, Advocate. For the Respondents : Mr. D.P. Chauhan, Advocate. Surjit Singh, Judge(Oral) Heard and gone through the record. 2. An agreement was executed between the parties, for supply of medicines and drugs, by the petitioner to the respondents. The said agreement is Annexure P-1. Clause XX of the agreement provides for settlement of Whether reporters of the local papers may allowed to see the judgment? Arb.C No.42/2011 …2… disputes, if any, arising between the parties and as per this clause settlement of disputes/ differences is to take place by arbitration, for which Arbitrator is to be appointed by the Managing Director of respondent No.1. Some dispute having arisen between the parties, petitioner approached the Managing Director of respondent No.1, through notice dated 29.9.2009, Annexure P-6, for appointment of Arbitrator. In response to the aforesaid notice, petitioner was invited for negotiations and settlement of the dispute. However, no settlement took place. Arbitrator has also not been appointed. So, the petitioner has filed the present petition, under Section 11(6) of the Arbitration and Conciliation Act, for appointment of Arbitrator. 2. In the reply, it is not denied that the agreement was executed. Also, it is not controverted that a dispute has arisen. It is stated that the respondents are prepared to appoint an Arbitrator. 3. Since Arbitrator has not been appointed by the Managing Director of respondent No.1, within the time stipulated in Section 11 of the Arbitration and Conciliation Act, though approached, in writing, through notice Annexure P-6, application is allowed and Shri Shrawan Dogra, Advocate, is appointed as Arbitrator. His fee is fixed at `50,000/-, plus ministerial expenses of `5,000/-. The fee shall be paid, in the first instance, by the petitioner. Arb.C No.42/2011 …3… Ultimate liability for payment of arbitrator’s fee shall be determined by the arbitrator himself. Petition stands disposed of. Pending application also stands disposed of. December 13, 2011(sd) ( Surjit Singh ), J