IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Arbitration Application No. 09 of 2010 M/s Makin and Associates ……… Petitioner Versus Shri Mahant Indresh Hospital & another ………. Respondents Mr. T.S. Bindra and Mr. Neeraj Garg, Advocate for the petitioner Mr. Jitendra Chodhary, Advocate for the respondents Hon’ble Barin Ghosh, C.J. The arbitration clause, contained in the agreement inter se the parties, is as follows:- “Arbitration – Although there is very little chance if dispute, if it arises, the same shall be referred for arbitration as per Indian Arbitration & Conciliation Act of 1996 to a sole arbitrator(Senior Civil Engineer) appointed by Chairman SGRR Education Mission.” 2. It is claimed by the petitioner that a request was made to Chairman, SGRR Education Mission, to appoint sole Arbitrator, but he failed and, accordingly, petitioner has been compelled to come to this Court. Petitioner, therefore, has been able to make out a case under Sub- Section (6) of Section 11 of the Arbitration & Conciliation Act, 1996. 3. I, accordingly, in exercise of my power under Sub-Section (6) of Section 11 of the Act, appoint sole Arbitrator such Senior Civil Engineer as may be nominated by Chairman, SGRR Education Mission as quickly as possible, but not later than fifteen days from the date of service of a copy of this order upon him. In the event, Chairman SGRR Education Mission fails to nominate such sole Arbitrator, Hon’ble Mr. Justice K.D. Shahi (since retired) shall stand appointed as sole Arbitrator. 3. The application is, accordingly disposed of. (Barin Ghosh, C.J.) 24.12.2010 Aswal