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Himachal Pradesh High Court

V.K. Gupta And Associates vs Director General Border Roads on 6 August, 2021

Author: Ravi Malimath

Bench: Ravi Malimath

1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arb. Case No.111 of 2019 Decided on:06.08.2021 .

V.K. Gupta and Associates, Engineers & Contractors. ..........Petitioner Versus Director General Border Roads ......Respondent ____________________________________________________ Coram:

Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice. Whether approved for reporting?

     For the petitioner         :       Mr.   Tarunjeet          Singh        Bhogal,
                        r               Advocate .

     For the respondent         :
                               Mr. Nimish Gupta, Advocate.
                               (Through Video Conferencing)

______________________________________________________ Ravi Malimath, Acting Chief Justice (Oral).

The petitioner is before this Court in this petition under Sections 11(6) (a) (c), 11(7)(b), 12 (3) (a) 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 ______________________________________________________________________ Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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agreement, vide Annexure P-2, between the petitioner and the respondent and accordingly a contract was entered into between the parties. Certain disputes have arisen thereon. Clause-70 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 been admitted.

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 been disputed by the respondent, this application must be ordered, and the dispute referred to arbitration.

5. Having considered the contentions of both sides, Sh.

D.K. Sharma, District and Sessions Judge (Retired), resident of Village Nalvi, P.O. Khantal, Pargana Chautta, Tehsil Suni, District Shimla (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, Sh. D.K. Sharma, District and ::: Downloaded on - 31/01/2022 22:50:29 :::CIS 3 Sessions Judge (Retired), resident of Village Nalvi, P.O. Khantal, Pargana Chautta, Tehsil Suni, District Shimla (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.

         August 06, 2021
                         r         to               ( Ravi Malimath )
                                                   Acting Chief Justice.

         (Yashwant)








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