Himachal Pradesh High Court
Sh. Babu Ram Vij R/O Kamla vs State Of Himachal Pradesh on 9 December, 2021
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 9th DAY OF DECEMBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
ARBITRATION CASE No.94 of 2021
Between:-
SATISH KUMAR VIJ S/O LATE
SH. BABU RAM VIJ R/O KAMLA
NIWAS, SNEH BHAWAN NEAR
TELEPHONE EXCHANGE,
CHOTTA SHIMLA DISTRICT SHIMLA, HP.
......PETITIONER
(BY SH. SUMEET RAJ SHARMA,
ADVOCATE, THROUGH VIDEO
CONFERENCING)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
HPPWD SHIMLA
2. EXECUTIVE ENGINEER HPPWD
DIVISION THEOG DISTRICT SHIMLA, HP.
......RESPONDENTS
(BY VIKAS RATHORE, ADDITIONAL
ADVOCATE GENERAL, THROUGH VIDEO,
CONFERENCING)
This petition coming on for orders this day, the
Court delivered the following:
JUDGMENT
Notice of this petition was served on the respondents on ::: Downloaded on - 31/01/2022 23:24:42 :::CIS 2 10.9.2021 and time was granted to file reply. Reply has been filed by the respondents and it is contended in the reply that respondents had already appointed Sh. R.K. Verma, (Retd. E-in-C) as Arbitrator .
with the consent of the petitioner. The said Arbitrator has asked the parties for entering into reference but petitioner even after giving consent refused to appear before the said Arbitrator and expressed his unwillingness. It is further contended that the respondents are ready and willing to appoint another Arbitrator.
2. The petitioner is before this Court in this petition under Section 11(6) 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.
3. It is the case of the petitioner that there was an agreement, vide Annexure P-1, between the petitioner and the respondents and accordingly a contract was entered into between the parties in respect of work of C/O improvement and Up-gradation of Sainj Deha Chopal Nerwa Shallu road Km 0/0 To 20/740 (Sh;-
Formation Cutting in extended Width including R/Wall, Extension of CD Works C/O New CD Works, road Side Drain, Parapets, P/L GI G-II, G-III BM, BC and P/F "W" Metal Beam Crah Barriers in Km 0/0 to 10/0) under CRF) which work was awarded to him vide award letter No. PW THD/PMGSY (SAINJ DEHA CHOPAL ROAD)/2016- ::: Downloaded on - 31/01/2022 23:24:42 :::CIS 3 17-16887-95 DATED 27.1.2017. Certain disputes have arisen thereon. Clause-25.3 of the agreement provides for appointment of an Arbitrator.
.
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 respondents, this application deserves to be allowed, and the dispute referred to arbitration.
5. Having considered the contentions of both sides, Hon'ble Mr. Justice V.K. Sharma, Judge of this Court (Retd.), 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.
6. On his giving consent to arbitrate the dispute between the parties, as an Arbitrator, Hon'ble Mr. Justice V.K. Sharma, Judge of this Court (Retd.) R/o Home Turf, Cottage No. 3 Aiera Homes Kasumpti Shimla -9, shall enter into reference, and shall pass an award in accordance with law. Copy of this order be forwarded to the learned counsel for the parties, as also to the Arbitrator. The Arbitrator so appointed shall be entitled to fee as per stipulation contained in fourth schedule appended to the Arbitration and ::: Downloaded on - 31/01/2022 23:24:42 :::CIS 4 Conciliation Act, 1996.
7. The arbitration petition is disposed of accordingly.
.
( Mohammad Rafiq )
Chief Justice
December 09, 2021
(cm Thakur)
r to
::: Downloaded on - 31/01/2022 23:24:42 :::CIS