Gujarat High Court
M/S Lotus Construction vs Union Of India on 8 December, 2023
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/ARBI.P/5/2023 ORDER DATED: 08/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 5 of 2023
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M/S LOTUS CONSTRUCTION
Versus
UNION OF INDIA
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Appearance:
ANUJ H DAVE(8333) for the Petitioner(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
Date : 08/12/2023
ORAL ORDER
1. At the outset, learned counsels appearing for the parties would submit that both the parties are agreeable to refer the dispute to the Arbitrator.
2. The respondent, however, has suggested the names of some officers as to act as an Arbitrator in the communication dated 07.02.2022 by asking the petitioner to waive the provisions of Section 12(5) of the Arbitration and Conciliation Act, 1996. On this stand of the respondent, a communication dated 18.10.2023 has been sent by the petitioner herein to suggest the names of five proposed arbitrators out of the list contained in the communication dated 07.02.2022.
3. Mr. Anuj Dave, learned counsel for the petitioner would Page 1 of 2 Downloaded on : Mon Dec 11 20:41:19 IST 2023 NEUTRAL CITATION C/ARBI.P/5/2023 ORDER DATED: 08/12/2023 undefined submit that the petitioner is agreeable to waive the requirement of Section 12(5) of the Arbitration and Conciliation Act, 1996 and the name of Shri Arvind Kumar Arora, DG (Pers), MES, one of the proposed arbitrator, be appointed as an Arbitrator. Thus suggestion of the learned counsel for the petitioner has not been disputed by the learned counsel for the respondent.
4. Hence, I proceed to pass following :
ORDER
(i) Petition is allowed.
(ii) Shri Arvind Kumar Arora, DG (Pers), MES is hereby appointed as sole Arbitrator to resolve the dispute between the parties in accordance with the Arbitration Centre (Domestic and International), High Court of Gujarat Rules, 2021. Both parties would also be governed by said Rules.
(iii) Registry is directed to communicate this order to the sole arbitrator forthwith by speed post. No order as to costs.
(SUNITA AGARWAL, CJ ) AMAR SINGH Page 2 of 2 Downloaded on : Mon Dec 11 20:41:19 IST 2023