M/S Oasis Enterprises vs State Of H.P And Others on 25 September, 2020

[Cites 4, Cited by 14]

Himachal Pradesh High Court

M/S Oasis Enterprises vs State Of H.P And Others on 25 September, 2020

Bench: L. Narayana Swamy

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                             Arb Case No.17 of 2020
                                           Decided on:25.09.2020




                                                               .

          M/s Oasis Enterprises                            ...Petitioner


          State of H.P and others                          Respondents





    Coram
    The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice
    Whether approved for reporting?
    For the petitioner:      Mr.Digvijay Singh, Advocate.





    For the respondents:      Mr.Adarsh K. Sharma, Additional Advocate
                              General.
                              (Through Video Conferencing)

    L. Narayana Swamy, Chief Justice.(Oral)

In this petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996, the petitioner, which is a Company and to whom the work of providing LIS for horticulture land of various Panchayats of Tehsil Rohru, Jubbal and Kotkhai of District Shimla, H.P. and also to provide MSERW and Laying GI Pipes for rising Main, S/E of Centrifugal Pumping Machinery with allies accessors (Phase 3rd) was assigned by the respondents, seeks a direction for appointment of an Arbitrator for resolving the dispute between the petitioner and the respondents.

2. Respondents have filed reply. Learned counsel for the parities have agreed to appoint a sole Arbitrator in order to resolve the dispute between the parties.

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3. In view of the above, I deem it proper to appoint Mr.Surinder Singh, retired Judge of this Court 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 with regard to fixing of time limit for filing 23 and 29A of the Act.

r to pleadings or passing of Award stands prescribed under Sections 4 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.

5. The petition is disposed of accordingly.

( L. Narayana Swamy), Chief Justice September 25, 2020 ( vt ) ::: Downloaded on - 26/09/2020 20:18:19 :::HCHP

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