Himachal Pradesh High Court
Rupinder Justa vs Himachal Pradesh State Forest ... on 21 July, 2017
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Arbitration Case No. 60 of 2017 Date of Decision: 21.07. 2017 .
Rupinder Justa ...Petitioner
Versus
Himachal Pradesh State Forest Corporation Ltd.
...Respondent Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting? Yes.
For the petitioner : Mr J.S. Bhogal, Senior Advocate with Mr. Parmod Negi, Advocate.
For the respondent : Mr. Surinder K. Sharma, Advocate, for respondent.
____________________________________________________________ Vivek Singh Thakur, Judge(Oral) This petition has been filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 ( hereinafter referred to as 'the Act' ) for substitution of Arbitrator after terminating the mandate of present Arbitrator, Managing Director of the Respondent-Corporation, appointed to adjudicate the dispute between parties under Section 11 of the Act.::: Downloaded on - 23/07/2017 23:57:35 :::HCHP 2
2. It is undisputed that in arbitration proceedings initiated in 1999, initial award dated 02.12.2005 made by the Arbitrator was challenged by petitioner as well as .
respondent before learned District Judge, Shimla who vide order dated 11.03.2008 had set aside the award and remanded the matter for making a fresh award.
3. The Arbitrator had again made award dated 01.12.2008 against which objections, under Section 34 of the Act preferred before learned District Judge, Shimla by respondent, were accepted vide judgment dated 31.03.2016 (Annexure P-1) and the said award was set aside and matter was remanded to Arbitrator to decide afresh expeditiously preferably within six months from the date of receipt of record and the record of the Arbitrator was also sent back alongwith copy of judgment.
4. It is also admitted fact that Arbitrator did not enter upon the reference afresh in terms of judgment dated 31.03.2016 passed by learned District Judge and after waiting for several months, petitioner, through his counsel, had made a request to the learned Arbitrator vide letter dated 07.04.2017 (Annexure P-2 colly) alongwith copy of judgment to enter upon the reference and to proceed to decide the ::: Downloaded on - 23/07/2017 23:57:35 :::HCHP 3 matter but despite reminder dated 17.05.2017, no response was received. Hence present petition.
5. Considering the facts of the case, Court is of the .
considered opinion that Arbitrator has failed to act for any reasons without undue delay as there is extra-ordinary delay even in entering into the reference for making award afresh in compliance of judgment dated 31.03.2016. Therefore, mandate of Arbitrator, Managing Director of respondent-
Corporation deserves to
tobe terminated
Arbitrator is required to be appointed.
r and substitute
6. At this stage, learned counsel for parties, under instructions of their respective clients, have jointly submitted that parties have agreed to appoint Mr. Bimal Gupta, Senior Advocate, as Arbitrator and Ms. Anita Parmar as Assisting Arbitrator who are present in Court and have consented for proposal of parties.
7. Accordingly, mandate of earlier Arbitrator Managing Director of the Respondent-Corporation is terminated and Mr. Bimal Gupta, Senior Advocate and Ms. Anita Parmar, Advocate are appointed as Arbitrator and Assisting Arbitrator with direction to enter into reference within a period of two weeks from today and to make a ::: Downloaded on - 23/07/2017 23:57:35 :::HCHP 4 reasoned speaking award afresh in terms of Arbitration Agreement in accordance with law expeditiously preferably within 6 months from entering into the reference on the basis .
of material placed before Arbitrator during proceedings before earlier Arbitrator. Arbitrator and Assisting Arbitrator shall be entitled for fee as per Schedule to the Act.
8. Registry of this Court is directed to immediately supply copy of this order to Mr. Bimal Gupta, Senior Advocate
9. to and Ms. Anita Parmar, Advocate.
Petition is allowed in the aforesaid terms.
(Vivek Singh Thakur) Judge July 21, 2017 *brb* ::: Downloaded on - 23/07/2017 23:57:35 :::HCHP