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Himachal Pradesh High Court

M/S Garg Sons Estate Promoters Pvt. Ltd vs H.P. Pwd Karcham Division on 17 December, 2021

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 17th DAY OF DECEMBER, 2021

                               BEFORE




                                                         .

              HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,

                   ARBITRATION CASE No.137 of 2021





       Between:-

      M/S GARG SONS ESTATE PROMOTERS PVT. LTD.,





      THROUGH ITS DIRECTOR SH. ASHOK GARG
      HOUSE NO.260, SECTOR 9-C CHANDIGARH UT.

                                                   .....PETITIONER

       (BY SH.SUNEET GOEL, ADVOCATE )

       AND

      EXECUTIVE ENGINEER


      H.P. PWD KARCHAM DIVISION
      AT BHAWA NAGAR DISTRICT
      KINNAUR (H.P.)




                                               .....RESPONDENT





      (BY MS.RITTA GOSWAMI, ADDITIONAL
      ADVOCATE GENERAL)





    _____________________________________________________

               This petition coming on for orders this day, the Court

    passed the following:




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                                      ORDER

The petitioner has filed the petition under Sections 14 & 15 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') seeking for .

substitution of the Arbitrator.

2. It is the case of the petitioner-Company that vide letter dated 04.08.2015, the petitioner was awarded the work of construction of Chhitkul Dumti Road Km.0/0 to 20/750 (alongwith Indo China Border) Sh:

C/o 5/7 Mtr. Wide formation Cutting I/C R/wall, B/wall and B/wall in wire crates, Cause Way I No. Bailey Bridge at Km. 10/0 to 15/0 and providing and laying soling, wearing and tarring at Km. 10/0 to 150/ (slice-III) to be completed within 18 months from the commencement and the expenditure incurred was at Rs.12,46,70,437/-.

3. The learned counsel for the petitioner submitted that Sh.

P.C. Gupta, Chief Engineer (Retd.) was appointed as sole Arbitrator in place of Sh. R.K. Verma, vide office order dated 2.6.2021 (Annexure P-5).

The Arbitrator conducted as many as three hearings in the matter and the last hearing was held on 8.11.2021. However, unfortunately, during the pendency of the arbitration proceedings, the sole Arbitrator, namely, Sh.

P.C. Gupta, Chief Engineer (Retd.) has expired on 15.11.2021. Hence, by way of the present petition, the petitioner prayed for substitution of an independent sole Arbitrator to adjudicate the dispute between the parties.

4. On the other hand, learned Additional Advocate General, has no objection for substitution of Arbitrator.

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5. Having considered the above submissions, now Hon'ble Mr.Justice Deepak Gupta, former Judge of Hon'ble Supreme Court of .

India, resident of 3 St. Marks, The Mall Shimla, 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 Deepak Gupta, former Judge of Hon'ble Supreme Court, 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 4 th Schedule appended to the Arbitration and Conciliation Act, 1996.

7. The arbitration case is disposed of accordingly, so also pending miscellaneous application(s), if any.

( Mohammad Rafiq ) Chief Justice November 17, 2021 (vt) ::: Downloaded on - 31/01/2022 23:27:01 :::CIS