Uttarakhand High Court
ARBAP/11/2021 on 24 June, 2022
Author: S.K. Mishra
Bench: S.K. Mishra
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE S.K. MISHRA, A.C.J.
24th JUNE, 2022
ARBITRATION APPLICATION No. 11 OF 2021
Between:
M/S Mathiyan Construction (Pvt.) Ltd.
...Petitioner
and
State of Uttarakhand and others.
...Respondents
Counsel for the petitioner. : Mr. Pankaj Purohit, the learned
counsel.
Counsel for the respondents. : Mr. B.S. Parihar, the learned Standing
Counsel for the State of Uttarakhand.
Upon hearing the learned Counsel, the Court made
the following
JUDGMENT :
In this application, filed under sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act', for brevity), the applicant has prayed for appointment of an Arbitrator to resolve the controversy involved in the case.
2. Mr. Pankaj Purohit, the learned counsel appearing for the petitioner, would draw the attention of this Court to Clause 19 appearing at Page No. 21 of the brief, and would submit that there is an arbitration clause. It is appropriate to take note of the exact words used therein. Clause 19 reads as follows :-
"19. Settlement of Dipsutes.
Any dispute or differance between the Ex. Engineer and line contractor as to the rights or liabilities of the parties here to as to any matter or thing whatsoever arising under his contractor or concerning, is constive on wheather such dispute, or differance arises during the continuance of this contractor or after its datermination by completion or breach or otherwise how so ever shall in the first instance be reffered to the Sup Engineer who shall give his written decision thereon. Such written decision shall be final and binding on the parties unless the contractor within 14 days of the receipt there of gives the Ex.Engineer notice in writing object to such decision in which case and in any case in which the Sup. Engineer fails to give a writtan decision within 21 days after receipt or notice in writing given to him by the contractor requiring his decisionsuch dispute or differance shall be referred to an arbitrator agreed upon by both the parties or failing such agreement to an arbitrator appointed by the .................... and in either case the decision of the arbitrator (including his decision as or to eosis) shall be final and binding on both the parties and the cost of arbitration shall be born by the parties in such manner as the arbitrator may decide.
If any such dispute arises in consequence of an act of God or Civil commission and is referred to arbitration under the provision of this clause the arbitrator shall decide whether this contract shall continue or shall be datermined and shall in either case datermine the terms and conditions attendant on such continution or datermution."
3. It is not disputed by Mr. B.S. Parihar, the learned Standing Counsel for the State of Uttarakhand, that there is an arbitration clause.
4. The learned counsel for the petitioner, therefore, submits that the sole Arbitrator may be 2 appointed to resolve the disputes between the parties. The learned counsel for the petitioner as well as the learned counsel for the respondent agree for appointment of Mr. Justice Lok Pal Singh, Retd. Judge of this Court, R/o H.N. 415-A, Lane no.-3, Arya Nagar, P.O.- Arya Vanprastha Ashram, Jwalapur, Haridwar- 249407, as an Arbitrator.
5. As both the learned counsel are in agreement for appointment of Mr. Justice Lok Pal Singh, Retd. Judge of this Court, R/o H.N. 415-A, Lane no.-3, Arya Nagar, P.O.- Arya Vanprastha Ashram, Jwalapur, Haridwar-249407, as an Arbitrator, this Court disposes of this application by appointing Mr. Justice Lok Pal Singh, Retd. Judge of this Court, R/o H.N. 415-A, Lane no.-3, Arya Nagar, P.O.- Arya Vanprastha Ashram, Jwalapur, Haridwar-249407, to act as an Arbitrator to resolve the dispute between the parties.
6. Let the Arbitrator be intimated accordingly. The learned Arbitrator shall, in terms of Section 11(8) of the 1996 Act, furnish his disclosure in writing to this Court within 15 days from the date of receipt of a certified copy of this order. He shall, thereafter, fix his remuneration, and charges towards other expenses, in 3 consultation with the parties to the dispute. He shall endeavour to complete the arbitral proceedings, and to pass an award with utmost expedition, preferably within six months from the date on which he enters upon a reference.
In sequel thereto, all pending applications stand disposed of.
Urgent certified copy of this order be supplied to the learned counsel for the parties, as per Rules.
________________ S.K. MISHRA, A.C.J. Dt: 24th June, 2022 Rahul 4