2002 (9) TMI 777

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....spose of the petitioner's application under section 11(2)(6) of Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act" only). The petitioner has prayed for appointment of an Arbitrator on the ground that the respondent has failed to appoint an Arbitrator in terms of clause 25 of the agreement dated 18-4-1996 between the parties. It is pleaded that vide notice dated 18-12-2001....

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....td. [2002] 2 SCC 388, the Chief Justice or his designate, while acting under section 11 of the Act, is under no obligation to adjudicate any controversy between the parties in regard to existence of the arbitration agreement, existence of disputes or even in regard to failure to appoint an Arbitrator within the period of thirty days. On the basis of the correspondence between the parties and docum....

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....itrator under section 11 of the Act. 4. In the present case, the respondent does not dispute that a notice dated 18-12-2001 was issued by the petitioner for appointment of an Arbitrator within thirty days, but no Arbitrator was appointed. The defence raised is that in its subsequent letter dated 27-12-2001, which is Annexure-I to the short affidavit filed by the respondent, the petitioner had r....

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.... appoint an Arbitrator. Moreover, the notice dated 18-12-2001 was addressed to the Commissioner, MCD, Delhi for appointment of an Arbitrator in terms of the agreement whereas the letter dated 27-12-2001 was addressed to the Executive Engineer only, who neither had any authority to appoint an Arbitrator nor could do anything in the matter of non-appointment of an Arbitrator. This Court, therefore, ....