Himachal Pradesh High Court
Vishva Vidyalaya vs Of on 15 December, 2015
Author: Dharam Chand Chaudhary
Bench: Dharam Chand Chaudhary
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Arb. Case No.51 of 2014.
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Date of Order: 15th December, 2015.
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Chaudhary Sarwan Kumar Himachal Pradesh Krishi
Vishva Vidyalaya .. Petitioner
Versus
of
Himachal Organic Farmers' Association.
.. Respondent.
Coram
rt
Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
Whether approved for reporting1? No.
For the petitioner: Mr. B.M. Chauhan, Advocate.
For the respondent: Mr. Suneet Goel, Advocate.
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Dharam Chand Chaudhary, J. (Oral)
The petitioner-University has filed this petition under Section 11(6) of the Arbitration and Conciliation Act for appointment of Arbitrator.
Whether reporters of the Local papers are allowed to see the judgment? Yes.
::: Downloaded on - 15/04/2017 19:31:42 :::HCHP -2-2. The facts in a nutshell are that the project, namely 'Organic Farming Promotion, Himachal .
Pradesh' was sanctioned in favour of the petitioner-
University in the year 2010 under a centrally sponsored Scheme. The Department of Agriculture, Government of of Himachal Pradesh and the respondent were the other participating agencies so far as the execution of the rt project is concerned. Accordingly, a memorandum of understanding Annexure P-1 was signed by the petitioner-University and the respondent on 13.8.2010. In terms of condition No.2 of the memorandum of understanding, Government of Himachal Pradesh released first installment to the tune of `26.60 lacs to petitioner-University. The petitioner-
University further released the same to the respondent subject to the condition that any expenditure against ::: Downloaded on - 15/04/2017 19:31:42 :::HCHP -3- the amount so released would be subject to pre-audit by the petitioner-University.
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3. The respondent allegedly utilized the amount in contravention to the conditions of memorandum of understanding and also failed to get of the expenditure audited from the petitioner-University despite correspondence made, therefore, dispute has rt arisen amongst the parties to this petition in relation to the memorandum of understanding.
4. As per Clause 5 of the memorandum of understanding, all disputes and decisions arising out of the agreement are first to be settled amicably and in case amicable settlement is not possible, through the process of arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996, hence the present petition.
::: Downloaded on - 15/04/2017 19:31:42 :::HCHP -4-5. No reply to the petition is intended to be filed on behalf of the respondent. Rather the .
respondent has no objection in case the Arbitrator is appointed to settle the dispute between the parties.
Consequently, Dr. J.N. Barowlia, District and Sessions of Judge (Retired), is appointed as Arbitrator to adjudicate the dispute between the parties after rt affording opportunity of being heard to them.
6. The reference be considered and adjudicated upon by learned Arbitrator would be that "is there any breach of any condition of memorandum of understanding and if so to what effect". Learned Arbitrator shall enter upon the reference within a week from the date he receives an authenticated copy of this judgment to be supplied by the Registry of this Court. The fee of the Arbitrator shall be `80,000/- inclusive of secretarial charges and ::: Downloaded on - 15/04/2017 19:31:43 :::HCHP -5- to be shared by the parties equally. Out of fee of the Arbitrator so settled, 50% thereof to be paid to him .
within one week from the date he enters upon the reference, whereas the remaining 50% well before the conclusion of proceedings. It is expected from the of Arbitrator to adjudicate the dispute at the earliest, preferably within six months from the date he enters rt upon the reference.
7. The petition is accordingly allowed and disposed of. Pending application(s), if any, shall also stand disposed of.
December 15, 2015. (Dharam Chand Chaudhary), (rc) Judge.
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