1. NTPCSAIL Power Company Private Limited, A joint venture of NTPC and SAIL, Through its General Manager, Post Bhilai, District Durg (C.G.) 2. The Chairman, NTPCSail Power Company Private Limited, A Joint Venture of NTPC and SaIl, 4 th floor, NBCC Tower, 15 Bhikaji Cama Place, New Delhi110066. Respondents For Applicant : Mr. Ankit Singhal, Advocate. For Respondents: Mr. B.D. Guru, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order [C.A.V.] 19/05/2017 (1) This is an arbitration application filed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 (henceforth 'Act, 1996') read with paragraph No. 2 and 3(2) of the Scheme for Appointment of Arbitrator by Hon'ble Chief Justice of Chhattisgarh High Court, 2002 for appointment of sole Arbitrator in terms of Clause 56 of the agreement dated 2.12.2010 executed between 2 the parties. (2) An agreement dated 2.12.2010 was entered into between the parties, which contained an arbitration Clause i.e. Clause 56. The disputes have arisen between the parties and the arbitration clause 56 contains a stipulation that the appellant was required to approach the General Manager of the NTPCSAIL for working as Arbitrator or for appointment of an Arbitrator. Applicant approached the General Manager of the NTPCSAIL for appointment of arbitrator by sending a letter dated 05.11.2015. According to the applicant, he did not receive any reply to the same and, therefore, he filed an application for appointment of Arbitrator before this Court on 21.01.2016. (3) Respondent NTPC have filed reply before this Court stating inter alia that on 12.11.2015 a Senior Manager of HR of the respondents had recommended that the arbitrator be appointed and thereafter, as per his note sheet, Shri Pradeep Kumar Upadhyaya, General Manager & Business Unit Head, NSPCL has been appointed as Arbitrator. This order has been signed by the General Mnage (HR) and confirmed by the CEO and, therefore, an Arbitrator has already been appointed and document Annexure R1 has been filed to demonstrate the said fact. (4) The respondent NTPC has also filed letter (Annexure R3) sent by Shri Pradeep Upadhyaya, Sole Arbitrator to the petitioner 3 as well respondentSAIL; and the order sheet dated 08.03.2016 has been recorded by the arbitrator. (5) The petitionerCompany has filed its rejoinder stating inter alia that he was never communicated about the appointment of Shri Pradeep Upadhyaya as Sole Arbitrator, as such, it ought to have communicated to the applicantCompany and since the applicant was never communicated with the order of appointment of sole arbitrator, an application for appointment arbitrator has already been filed, therefore, overruling the objection raised by applicantCompany, the arbitrator be appointed. (6) I have heard learned counsel appearing for the parties, considered their rival submissions made hereinabove and gone through the record with utmost circumspection. (7) It is not in dispute that the agreement was entered into between the parties which contained an arbitration clause. It is also not in dispute that disputes have arisen between the parties and the arbitration clause in the agreement contains a stipulation that the applicant should approach the General Manager concerned of the NTPCSAIL, but the applicant did so by sending letter dated 05.11.2015. According to the applicant, he received no reply to the same and therefore, he filed the present application for appointment of Arbitrator on 21.01.2016. (8) The respondent has come with a plea that Shri Pradeep 4 Upadhyaya, General Manager & Business Unit Head, NSPCL has already been appointed as an Arbitrator for resolving the dispute between the parties. It is submitted that said communication was sent by an ordinary post.