Shillong, July 13: The Guwahati-based service provider, Lone Tree has issued a notice to Meghalaya Cricket Association ( MCA) president and secretary informing about appointment of an arbitrator to realise the pending dues of over Rs 93 lakh.
In the letter issued on July 3, Shubojit Roy, Director, Lone Tree Consultants Pvt Ltd, said that since the disputes have arisen between the parties of the MoU and the same have not been resolved amicably despite repeated demands,they are formally expressing their intent of referring the disputes relating to pending dues to the arbitration as per Section 21 of the Arbitration and Conciliation Act, 1996.
The appointment of Justice (Retd.) P. K Deka, Former Judge of the Gauhati High Court, was proposed as the sole arbitrator to adjudicate all disputes arising out of the MOU, including but not limited to:the recovery of Rs.93,77,962 along with contractual and/or pendent lite and future interest, damages arising out of breach of contractual obligations; costs of arbitration; and any other reliefs to which the company may be entitled in law.
The MCA has been called upon to communicate the consent to the proposed appointment of sole arbitrator, or alternatively suggest another independent sole arbitrator’s name acceptable to them, within 15 days from receipt of the notice.
“In the event of their failure to respond or refusal to cooperate in the constitution of the Arbitral Tribunal within the aforesaid period, the company will be constrained to approach the Gauhati High Court, Guwahati, having jurisdiction by filing an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitrator at their risk as to costs and consequences.
