Arbitrator appointment on uncontested arbitration clause upheld, with uncontroverted pleadings accepted for Section 11(6) reference.

Where an arbitration clause exists and the respondent does not contest the petition or dispute the existence of the clause, the Court may accept the petitioner's uncontroverted averments for the limited purpose of considering reference to arbitration. On that basis, the Court found no reason to decline appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. A sole arbitrator was appointed to adjudicate the disputes between the parties.

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Issues: Whether an arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the respondent does not contest the petition and the arbitration clause provides for arbitration of disputes.

Analysis: The petition was supported by affidavit and the respondent did not appear to dispute the existence of the arbitration clause or the assertion that disputes had arisen. In these circumstances, the averments in the petition were accepted for the limited purpose of considering reference to arbitration, and there was no reason to decline appointment of an arbitrator.

Conclusion: The petition was allowed and a sole arbitrator was appointed to adjudicate the disputes between the parties.

Ratio Decidendi: Where an arbitration clause exists and the petition for appointment of an arbitrator remains uncontested, the Court may appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 on the basis of the petitioner's uncontroverted averments.

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