Having Registered Office At vs Beas Valley Power Corporation on 10 September, 2021

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Himachal Pradesh High Court

Having Registered Office At vs Beas Valley Power Corporation on 10 September, 2021

Bench: Ravi Malimath

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

              ON THE 10th DAY OF SEPTEMBER 2021

                            BEFORE




                                                     .

              HON'BLE MR. JUSTICE RAVI MALIMATH,

                      ACTING CHIEF JUSTICE





                  ARBITRATION CASE No.56 of 2021

      Between:-





      TB HYDRO FLOVEL VALVES
      PRIVATE LIMITED THROUGH ITS
      AUTHORIZED REPRESENTATIVE
      SH. SS SOROT

      HAVING REGISTERED OFFICE AT
      SUITE 101-A, TOWER-B,

      VATIKA MINDSCAPES, 12/3,
      MATHURA ROAD FARIDABAD-121003 (HR).
                                               .....PETITIONER



      (BY SH. ANIRUDH WADHWA, SH. HRIESH
      CHAUDHARY AND SH. VIVEK NEGI, ADVOCATES)




      AND





    1. BEAS VALLEY POWER CORPORATION
       LIMITED THROUGH ENGINEER-IN-CHARGE,





       UHL STAGE-III BVPCL JOGINDER NAGAR,
       DISTT. MANDI-175015 (H.P.).
    2. BEAS VALLEY POWER CORPORATION LTD.
       THROUGH MANAGING DIRECTOR
       JOGINDER NAGAR, DISTT. MANDI-175015 (H.P.).

                                           .....RESPONDENTS

      (BY SH. J.S. BOGAL, SENIOR ADVOCATE




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                                         2


      WITH SH. SUNEET GOEL, ADVOCATE)
    _____________________________________________________

                  This petition coming on for admission this day, the




                                                             .
    Court passed the following:





                                   ORDER

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.

2. It is the case of the petitioner that there was an agreement, vide Annexure P-2, between the petitioner and the respondents and accordingly a contract was entered into between the parties. Certain disputes have arisen thereon. Clause-11 of the Agreement provides for appointment of an Arbitrator.

3. The respondents have filed the counter-affidavit. In the counter-affidavit filed by the respondents, the fact that such an arbitration clause exists, has not been denied.

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 ::: Downloaded on - 31/01/2022 23:03:27 :::CIS 3 been disputed by the respondents, this application must be ordered, and the dispute referred to arbitration.

5. Having considered the contentions of both sides, .

Hon'ble Mr. Justice Surinder Singh, Judge (retired), R/o 627, Amit Apartment, near the Mall, opposite Sainik Rest House, Solan, 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.

6. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Hon'ble Mr. Justice Surinder Singh, Judge (retired), R/o 627, Amit Apartment, near the Mall, opposite Sainik Rest House, Solan, 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.

( Ravi Malimath ) Acting Chief Justice September 10, 2021 (vt) ::: Downloaded on - 31/01/2022 23:03:27 :::CIS

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