Himachal Pradesh High Court
Sirmour Singh vs Engineer-In-Chief on 20 August, 2021
Author: Ravi Malimath
Bench: Ravi Malimath
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 20th DAY OF AUGUST 2021
.
BEFORE
HON'BLE MR. JUSTICE RAVI MALIMATH,
ACTING CHIEF JUSTICE
ARBITRATION CASE No.31 of 2021
Between:-
SIRMOUR SINGH,
SON OF SHRI BALWANT SINGH,
RESIDENT OF VILLAGE KUDLU,
POST OFFICE BAGTHAN,
TEHSIL PACHHAD, DISTRICT SIRMAUR,
HIMACHAL PRADESH
......PETITIONER
(BY SH. RUPINDER SINGH THAKUR,
ADVOCATE)
AND
1. ENGINEER-IN-CHIEF,
HIMACHAL PRADESH
PUBLIC WORKS DEPARTMENT,
SHIMLA-2
2. SUPERINTENDENT ENGINEER,
12 CIRCLE, PUBLIC WORKS
DEPARTMENT NAHAN,
DISTRICT SIRMOUR, H.P.
3. EXECUTIVE ENGINEER,
HIMACHAL PRADESH PUBLIC WORKS
DEPARTMENT DIVISION SANGRAH,
DISTRICT SIRMAUR, HIMACHAL PRADESH
......RESPONDENTS
::: Downloaded on - 31/01/2022 22:55:28 :::CIS
-2-
(BY SH. ASHOK SHARMA,
.
ADVOCATE GENERAL WITH
SH. RANJAN SHARMA AND
SH. VIKAS RATHORE,
ADDITIONAL ADVOCATES GENERAL)
This petition coming on for orders this day, Hon'ble Mr. Justice
Ravi Malimath, passed the following:
r to
ORDER
The petitioner is before this Court in this petition under Section 11 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 agreement, vide Annexure P-1, between the petitioner and the respondents and accordingly a contract was entered into between the parties. Certain disputes have arisen thereon. Clause-25 of the agreement provides for appointment of an Arbitrator.
3. 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 ::: Downloaded on - 31/01/2022 22:55:28 :::CIS -3- respondents, this application must be ordered, and the dispute referred to arbitration.
.
4. Having considered the contentions of both sides, Justice V.K. Sharma (Retd.), Resident of Home Turf, Cottage No.3, Aiera Homes, Kasumpti, Shimla-171009, 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.
5. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Justice V.K. Sharma (Retd.), 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.
6. The arbitration petition is disposed off accordingly.
( Ravi Malimath ) Acting Chief Justice August 20, 2021 Bhardwaj/Himalvi ::: Downloaded on - 31/01/2022 22:55:28 :::CIS