Himachal Pradesh High Court
Of Proactive In & Out vs Himachal Road Transport on 8 December, 2021
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 8th DAY OF DECEMBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
ARBITRATION CASE No.1 of 2021
Between:-
M/S PROACTIVE IN &
OUT ADVERTISING PVT.
LTD. OFFICE AT
B-WING, SAMKEET
APARTMENT, SANT JANABAI
MARG, HAMUMAN ROAD,
VILE PARLE (EAST)
MUMBAI-400057, THROUGH
ITS AUTHORIZED SIGNATORY
MR. HEMANG D. MEHTA,
PRESIDENT SALES AND MARKETING
OF PROACTIVE IN & OUT
ADVERTISING PVT. LTD.
......PETITIONER
(BY MR. ANUJ NAG,
ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION, THROUGH
ITS MANAGING DIRECTOR
2. DIVISIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, SHIMLA, HP.
......RESPONDENTS
(BY MR. SHYAM SINGH CHAUHAN, ADVOCATE)
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This petition coming on for orders this day, the Court
passed the following:
.
ORDER
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.
2. It is the case of the petitioner that there was an agreement, vide Annexure P-3, between the petitioner and the respondents and accordingly a contract was entered into between the parties. Certain disputes have arisen thereon. Clause-17 of the agreement provides for appointment of an Arbitrator.
3. 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.
4. Having considered the contentions of both sides, Hon'ble Mr. Justice Surinder Singh, Judge (Retd.) R/o 627, Amit ::: Downloaded on - 31/01/2022 23:24:24 :::CIS 3 Apartment, near The Mall, opposite Sainik Rest house Solan, HP, 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.
5. On his giving consent to arbitrate the dispute between the parties, as an Arbitrator, Hon'ble Mr. Justice Surinder Singh, Judge (Retd.) 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 4th Schedule appended to the Arbitration and Conciliation Act, 1996.
6. The arbitration petition is disposed of accordingly.
( Mohammad Rafiq ) Chief Justice December 08, 2021 (cm Thakur) ::: Downloaded on - 31/01/2022 23:24:24 :::CIS