Naresh Kumar vs Rakesh Kumar on 19 March, 2021

[Cites 4, Cited by 4]

Himachal Pradesh High Court

Naresh Kumar vs Rakesh Kumar on 19 March, 2021

Bench: L. Narayana Swamy

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                 Arb. Case No.68 of 2020
                                  Decided on: 19.03.2021




                                                               .
    1.




           Naresh Kumar                                    ...Petitioner





                                  Versus





           Rakesh Kumar                                    ...Respondent

    Coram
    The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice
    Whether approved for reporting?





    For the petitioner:      Mr.Basant Pal Thakur, Advocate.

    For the respondent:       Mr.Suneet Goel, Advocate.
    L. Narayana Swamy, Chief Justice (Oral)

In this petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996, the petitioner seeks a direction for appointment of an Arbitrator for resolving the dispute between the petitioner and the respondent.

2. The facts of the case are that the petitioner and the respondent have entered into a partnership deed with respect to running of a business of vehicle i.e. JCB bearing registration No. HP-12-B-589, Chassis No.01041055, engine No.4H2i39600359, model 2006/1, maker Earth Moving Machine registered with Registration and licensing Authority Nalagrh, Tehsil Nalagarh, District Solan, H.P.

3. With the consent of the learned Counsel for the parties, Mr.Rajesh Mandhotra, Advocate, is appointed as ::: Downloaded on - 19/03/2021 20:30:11 :::HCHP 2 Arbitrator in this case. He is requested to enter into reference within a period of two weeks from the date of receipt of a copy of .

this order. It shall be open for the learned Arbitrator to determine his own procedure with the consent of the parties. Otherwise also, entire procedure with regard to fixing of time limit for filing pleadings or passing of Award stands prescribed under Sections 23 and 29A of the Act.

4. Needless to say, award shall be made strictly as per provisions contained in Arbitration and Conciliation Act. A copy of this order shall be made available to the learned Arbitrator named above, by the Registry of this Court within one week enabling him to take steps for commencement of the arbitration proceedings within stipulated period.

5. With these observations, the present petition stands disposed of along with pending application(s), if any.

( L. Narayana Swamy), Chief Justice March 19, 2021 ( vt ) ::: Downloaded on - 19/03/2021 20:30:11 :::HCHP

Unlock Advanced Research with PRISMAI

Himachal Pradesh High Court