Himachal Pradesh High Court
P.K. Construction Shimla Pvt. Ltd vs Union Of India & Another on 28 July, 2023
Author: M.S. Ramachandra Rao
Bench: M.S. Ramachandra Rao
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Arb. Case No.615 of 2023
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Decided on: 28.07.2023
P.K. Construction Shimla Pvt. Ltd. ...Applicant
Versus
Union of India & another ...Respondents
Coram
The Hon'ble Mr. Justice M.S. Ramachandra Rao, Chief Justice
Whether approved for reporting?
For the applicant: Mr. Rajesh Kumar, Advocate.
For the respondents: Mr. Balram Sharma, Deputy Solicitor
General of India.
M.S. Ramachandra Rao, Chief Justice (Oral)
Heard both sides.
2. This application is filed seeking appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, "the Act") to adjudicate the disputes between the parties arising out of Contract Agreement No.CE(P)DPK/15/2015- 16 and General Conditions of Agreement containing Arbitration Clause No.70 contained in General Conditions of Contracts and amendment No.1, dt. 12th October, 2018.
::: Downloaded on - 02/08/2023 20:34:17 :::CIS 23. Learned counsel for the respondents states that he has no objection if an Arbitrator is appointed.
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4. Since there is an arbitration Clause in agreement between the parties, and since the applicant had also issued a notice seeking appointment of Arbitrator on 10.12.2021, and since the applicant is not inclined to waive his right to appoint an Arbitrator as per the proposal made on 23.12.2021 by the respondents, Shri Amit Singh Chandel, learned Counsel of this High Court, is appointed as Arbitrator to adjudicate the dispute between the parties, after his disclosure in writing is obtained in terms of Section 11(8) of the Arbitration and Conciliation Act, 1996 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, Shri Ashwani Sharma, learned Senior Advocate, shall enter into reference, and shall pass an award in accordance with law.
6. Copy of this order be forwarded to the learned counsel for the parties as also to the learned Arbitrator. The learned Arbitrator so appointed shall be entitled to fee as per stipulation ::: Downloaded on - 02/08/2023 20:34:17 :::CIS 3 contained in 4th Schedule appended to the Arbitration and Conciliation Act, 1996.
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7. The application is disposed of accordingly.
( M.S. Ramachandra Rao ) Chief Justice July 28, 2023 (vt) ::: Downloaded on - 02/08/2023 20:34:17 :::CIS