M/S Trg Industries Pvt. Ltd vs Beas Valley Power Corporation Ltd on 23 August, 2019

[Cites 5, Cited by 4]

Himachal Pradesh High Court

M/S Trg Industries Pvt. Ltd vs Beas Valley Power Corporation Ltd on 23 August, 2019

Bench: V. Ramasubramanian

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                 Arb. Case Nos.57 & 58 of 2018




                                                             .
                                       Decided on: 23.08.2019





           Arbitration Case Nos.57 & 58 of 2019





           M/s TRG Industries Pvt. Ltd.                    ...Petitioner(s)

                               Versus
           Beas Valley Power Corporation Ltd.            ...Respondent(s)





    Coram
    The Hon'ble Mr. Justice V. Ramasubramanian, Chief Justice

    Whether approved for reporting?

    For the petitioner(s):   Mr.Vivek Sharma, Advocate.

    For the respondent(s):   Mr.Tara Singh Chauhan, Advocate.

    V. Ramasubramanian, Chief Justice (Oral)

Seeking the appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, the petitioner has come up with the above applications.

2. Heard Mr.Vivek Sharma, learned counsel appearing for the petitioner and Mr.Tara Singh Chauhan, learned counsel appearing for the respondent.

3. The fact that there is an arbitration agreement and the fact that disputes have arisen between the parties is not denied.

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4. Admittedly, the respondent appointed the Chief Engineer (Projects-cum-Arbitration) of the State Electricity Board .

as the sole Arbitrator. He entered reference and proceeded with the matter.

5. However, during the continuance of proceedings the Arbitrator himself was given additional charge of the post of Managing Director of the respondent giving rise to a disability.

Therefore, the petitioner made a request by a letter dated 06.06.2018 for the appointment of an independent Arbitrator.

6. By a letter dated 30.06.2018, the respondent chose the Chief Engineer( Generation) of the State Electricity Board. But since the same is not permissible after the amendment of the Act under Section 12(5), the petitioner has come up with the above applications.

7. The facts narrated above would disclose that an independent Arbitrator has to be appointed. Therefore, the applications are allowed and Hon'ble Mr.Justice Surinder Singh, retired Judge of this Court is appointed as an Arbitrator. Aforesaid Arbitrator 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 ::: Downloaded on - 29/09/2019 02:32:18 :::HCHP 3 with regard to fixing of time limit for filing pleadings or passing of Award stands prescribed under Sections 23 and 29A of the Act.

8. 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.

However, it is made clear that the learned Arbitrator shall commence the proceedings from the stage at which the mandate of the previous Arbitrator got terminated.

9. The applications stand disposed of, as indicated hereinabove alongwith pending applications, if any.

( V. Ramasubramanian ) Chief Justice August 23, 2019 ( vt ) ::: Downloaded on - 29/09/2019 02:32:18 :::HCHP

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