Himachal Pradesh High Court
Bahra Educational And Charitable ... vs Of on 23 August, 2016
Author: Dharam Chand Chaudhary
Bench: Dharam Chand Chaudhary
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Arbitration Case No. 49 of 2016 .
Date of decision: 23rd August, 2016 Bahra Educational and Charitable Society .......Petitioner.
Versus of M/s M.K. Earth Movers.
...Respondent.
Coram rt The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge. Whether approved for reporting?1 No. For the petitioner: Mr. B.M.Chauhan, Advocate. For the respondent: Mr. J.S. Bhogal, Sr. Advocate with Mr. Pramod Negi, Advocate.
Dharam Chand Chaudhary, Judge (Oral).
Notice. Mr. J.S. Bhogal, learned Senior Advocate, on instructions from Mr. Pramod Negi, Advocate appears and accepts service of notice on behalf of the respondent.
2. There is no dispute qua execution of an agreement between the petitioner-Society and the respondent-Contractor for the construction of road.
1Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 15/04/2017 21:04:10 :::HCHP 2There is again no controversy so as to disputes .
having arisen between the parties during the currency of the agreement, Annexure P-1. Clause 14 of the agreement, Annexure P-1, which deals with the resolution of disputes having arisen out of the of agreement reads as follows:
"Any dispute arising out of this agreement rt shall be settled between the Client and the Contractor mutually. However, if the dispute still persists, the arbitrator shall be appointed by the Hon'ble High Court of the State of Himachal Pradesh."
3. It is seen that the disputes so arisen between the parties, at the first instance, should have been settled amicably and on mutual understanding, in terms of Clause 14. Mr. Bhogal, learned Senior Advocate submits that efforts were made in this regard, but no settlement could be arrived at. Being so, in terms of the agreement, the Arbitrator is now required to be appointed by this Court. There is no objection even on behalf of ::: Downloaded on - 15/04/2017 21:04:10 :::HCHP 3 respondent also qua the appointment of Arbitrator .
to adjudicate the disputes having arisen between the parties during the execution of the awarded work.
4. Having regard to the given facts and of circumstances and also the nature of dispute involved, I appoint Mr. Justice Kuldip Singh (Retd.) as rt Arbitrator to enter upon the reference and adjudicate upon not only the disputes raised by the petitioner-Society but also the counter-claim, if any, of the respondent-Contractor. An authenticated copy of this judgment be sent to learned Arbitrator forthwith. It is expected that learned Arbitrator shall decide the matter at the earliest as per time schedule prescribed under the Act itself. The Arbitrator shall be at liberty to fix the fee at his own, taking into consideration the guiding factors prescribed in the schedule to the Act. It is also expected from learned Arbitrator to enter upon the ::: Downloaded on - 15/04/2017 21:04:10 :::HCHP 4 reference within a week after receipt of the .
authenticated copy of this judgment.
5. With these observations, the petition is allowed and stands disposed of.
August 23, 2016 (Dharam Chand Chaudhary)
of
(naveen) Judge
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