IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Arbitration Application No. 6 of 2005 Tanakpur Pithoragarh Truck Owners Society..……… Petitioner Versus The Food Corporation of India & others. ………. Respondents Mr. P.C. Maulekhi, Advocate for the petitioner. Mr. T.A. Khan, Advocate for the respondents. Hon’ble Barin Ghosh, C.J. On the last occasion, an order was passed stating that if the agreements are not produced in Court on the next date of hearing by the Food Corporation of India, it shall be presumed that Food Corporation of India is not disputing the arbitration agreement set forth in the petition. The arbitration agreements have not been produced on the ground that the same are not traceable. In the circumstances, the Application is disposed of proceeding on the basis that the arbitration agreement between the parties is as follows: “All dispute or differences whatsoever arising between the parties out of or relating to construction meaning and operation or out effect of this agreement or the breach of thereof shall be settled by Arbitrator in accordance with rules of Arbitration of the Indian Counsel of Arbitration and the award made in pursuance thereof shall be binding on the parties. The award will be speaking order.” 2. Accordingly, Hon’ble Mr. Justice Irshad Hussain, since retired, is appointed as sole Arbitrator to decide the disputes inter se the parties, including the dispute raised by the Food Corporation of India that the claim is thoroughly barred by limitation. (Barin Ghosh, C. J.) 24.12.2010 G