Himachal Pradesh High Court
Surender Kumar vs The Divisional Forest Officer on 6 August, 2021
Author: Ravi Malimath
Bench: Ravi Malimath
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arb. Case No.134 of 2019 .
Decided on:06.08.2021 Surender Kumar ..........Petitioner Versus The Divisional Forest Officer ......Respondent ____________________________________________________ Coram:
Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice. Whether approved for reporting?
For the petitioner : Mr. Diwakar Dev Sharma, Advocate.
For the respondent : Mr. Ranjan Sharma and Mr. Vikas Rathore, Additional Advocate Generals.
(Through Video Conferencing) ______________________________________________________ Ravi Malimath, Acting Chief Justice (Oral).
The petitioner is before this Court in this petition under Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act'), seeking for appointment of an Arbitrator to resolve the dispute that has arisen between the parties.
______________________________________________________________________ Whether reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 31/01/2022 22:50:29 :::CIS 2
2. It is the case of the petitioner that there was an agreement, vide Annexure P-1, between the petitioner and the .
respondent and accordingly a contract was entered into between the parties. Certain disputes have arisen thereon. Clause 31 of the Agreement provides for appointment of an Arbitrator.
3. The respondent has filed the counter-affidavit. In the counter-affidavit filed by the respondent, the fact that such an arbitration clause exists, has been admitted.
4. Under Section 11(6) of the Act, the High Court, while considering any application under Section 11(6) thereof, must confine its examination only to the existence of an Arbitration agreement. Since the existence of an arbitration agreement has not been disputed by the respondent, this application must be ordered, and the dispute referred to arbitration.
5. Having considered the contentions of both sides, Sh.
Sohan Lal Sharma, District and Sessions Judge (Retired), resident of Sharma Niwas, Forest Colony, Khalini, District Shimla (H.P.), is appointed as an Arbitrator after his disclosure in writing is obtained in terms of Section 11(8) of the Act; and only after receipt thereof shall his appointment, as an Arbitrator, come into force.
::: Downloaded on - 31/01/2022 22:50:29 :::CIS 36. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Sh. Sohan Lal Sharma, District and Sessions Judge (Retired), resident of Sharma Niwas, Forest .
Colony, Khalini, District Shimla (H.P.), shall enter into reference, and shall pass an award in accordance with law. The learned Arbitrator shall fix his fees in consultation with both the parties.
7. The arbitration petition is disposed off accordingly.
Pending miscellaneous application is also disposed off.
r to ( Ravi Malimath )
Acting Chief Justice.
August 06, 2021
(Yashwant)
::: Downloaded on - 31/01/2022 22:50:29 :::CIS