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Himachal Pradesh High Court

M/S Himachal Techno Engineers vs Director on 9 October, 2020

Bench: L. Narayana Swamy, Anoop Chitkara

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                            Arb. Case No. 102 of 2019




                                                                              .
                                            Decided on: 09.10.2020





    M/s Himachal Techno Engineers                                     ...Petitioner





                                    Versus

    Director, National Institute of Technology & another
                                               ...Respondents





    Coram
    The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice.
    Whether approved for reporting?1

    For the petitioner:            Mr. Sumeet Raj Sharma,                             Advocate

                                   through Video Conferencing.

    For the respondents:           Mr. Kush Sharma, Advocate, 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 construction of Trainees Hostel in NIT Hamirpur, Himachal Pradesh, was assigned by the respondents, seeks a direction for appointment of an 1 Whether reporters of the local papers may be allowed to see the judgment?

Arbitrator for resolving the dispute between the petitioner and the respondents.

.

2. Respondents have filed reply. In para 2 of the reply, the respondents have suggested the names of five persons namely, Dr. Anuget Dorje, Chief Engineer (Retd.), Civil Wing, Dept. of Telecom/BSNL (Life Member of India Council of Arbitration), Er. Vijay Choudhary, Superintending Engineer, HPPWD, Mandi, Er. Vikas Sood, Superintending Engineer, HP Agricultural University, Palampur and Er. Sanjeev Sharma, Chief Engineer, HPPWD, North Zone, Dharamshala, who may be appointed as an Arbitrator in this case. Therefore, I deem it proper to appoint Er. Vijay Choudhary, Superintending Engineer, HPPWD, Mandi, as Arbitrator. He 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 pleadings or passing of Award stands prescribed under Sections 23 and 29A of the Act.

3. 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.

4. The petition is disposed of accordingly.

    October 9, 2020                          (L. Narayana Swamy)
          ( hemlata )                             Chief Justice.








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