2025:JHHC:11208 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Arbitration Application No.18 of 2024 ------ Jaishiv Construction Pvt. Ltd., through its Director, Yatindra Nath Singh, son of Late Jinish Prasad Singh, aged about 76 years, having its registered office at Jaishiv Bhawan, Bano Manzil Road, P.O. Harmu, P.S. Sukhdeonagar, District Ranchi. …. …. Petitioner Versus 1. Mecon Ltd., though its Chief Managing Director, having its office at Mecon Chowk, P.O. & P.S. Doranda, District Ranchi. 2. The Senior General Manager, I/c Contracts, Contracts Engineering Section, Mecon Ltd., Mecon Chowk, P.O. & P.S. Doranda, District Ranchi .... .... Respondents CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------ For the Petitioner : Mr. Vibhor Mayank, Advocate Ms. Oishi Das, Advocate For the Respondents : Mr. Shresth Gautam, Advocate ------ 05/Dated: 11.04.2025 1. The present application has been filed under Section 11(6)(C) of the Arbitration and Conciliation Act, 1996. 2. Mr. Vibhor Mayank, learned counsel for the petitioner along with Ms. Oishi Das, has submitted that even though, the arbitration clause is there in the agreement as under Clause 46 thereof but in spite of the same, the Arbitrator has not been appointed. 3. It has been submitted that a request under Section 21 of the Arbitration and Conciliation Act, 1996 has been made and when no initiation has been taken for appointment of Arbitrator, hence, the present application. 2025:JHHC:11208 2 4. Mr. Shresth Gautam, learned counsel for the respondent-Mecon Ltd., on instruction at the outset, has submitted that there is no issue of making any objection to the present application in view of the Arbitration Clause having under Clause 46 of the agreement along with Section 11(6)(A) thereof. 5. He has further submitted that the respondent is having claim and as such, he will also file counter claim and that is the reason, he has given concession for appointment of Arbitrator. 6. This Court, after having heard the learned counsel for the parties and considering the aforesaid concession of the respondent-Mecon Ltd., is of the view that the instant application is to be disposed of by appointing Arbitrator in exercise of power conferred under Section 11(6) of the Arbitration and Conciliation Act, 1996. 7. Learned counsel for the parties have suggested the name of Mr. Justice Amareshwar Sahay, Former Judge of this Court, to act as an Arbitrator. 8. Accordingly, this Arbitration Application is being disposed of by appointing Mr. Justice Amareshwar Sahay, Former Judge of this Court presently residing at “Heritage Parmeshwar” 52, Circular Road, Lalpur, Ranchi, as Arbitrator for resolution of dispute. 9. Needless to say that the parties will be at liberty to raise all the legal issues for its consideration by the Arbitrator, in accordance with law. 10. The Arbitrator will decide the fees strictly in accordance with law. 11. Learned Registrar General of this Court is directed to send a copy of the entire records of this case along with entire order-sheets with this 2025:JHHC:11208 3 order to the learned Arbitrator forthwith. 12. Both the parties shall co-operate in the hearing before the learned Arbitrator and they shall not ask for any unnecessary adjournment. 13. Accordingly, the instant arbitration application stands disposed of. (Sujit Narayan Prasad, J.) Rohit/-