IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Arbitration Petition No.23 of 2008 M/s Gherzi Eastern Ltd. . .……… Applicant Versus State Industrial Development Corporation of Uttarakhand Ltd. and others ……… Respondents Hon’ble Tarun Agarwala, A.C.J. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator in terms of the agreement entered between the parties. It transpires that the applicant earlier approached the High Court by filing a writ petition in which an order was passed directing the applicant to approach the Chairman for amicable settlement of the dispute as provided under Clause 23 of the said agreement. It further transpires that based on the aforesaid order the applicant approached the Chairman, who in turn constituted a Committee and directed the said Committee to submit a report within a month. The applicant being aggrieved filed the present application under Section 11 of the Act alleging that the Chairman was competent alone to decide the dispute and could not have delegated the matter to a Committee. Having heard Ms. Menka Tripathi, the learned counsel for the applicant and Shri L.P. Naithani, the learned Advocate General assisted by Shri Vipul Sharma, the learned counsel for the respondents, this Court finds that the stage for appointment of the Arbitrator has not arrived as yet. The Court finds that the applicant has approached the Chairman under Clause 23 of the agreement for settlement of the dispute and, based on the application of the applicant, the Chairman has constituted a Committee to submit a report. The order of the Chairman clearly 2 indicates that the Committee is required to submit a report and that the Committee is not required to adjudicate upon the matter. The final adjudication or the decision has to be done by the Chairman himself. In view of the aforesaid, the present application under Section 11 of the Act is premature and is dismissed as such at this stage. (Tarun Agarwala, A.C.J.) Dated 06.11.2009 LSR / Shiv