Himachal Pradesh High Court
M/S J.P. Singla Engineers & Contractors vs The on 1 July, 2022
Author: Amjad Ahtesham Sayed
Bench: Amjad Ahtesham Sayed
M/s J.P. Singla Engineers & Contractors Versus The
Excise & Taxation Department and others
.
OMP No.397 of 2022 in
Arbitration Case No.77 of 2021
01.07.2022 Present: Mr. Pranjal Munjal, Advocate, for the petitioner.
Mr. Adarsh K. Sharma, Additional Advocate General,
for respondent No.1-State.
Mr. Amit Singh Chandel, Advocate, for respondent
Nos.2 and 3.
Allowing the above petition (Arbitration Case No.77 of
2021) under Section 14 of the Arbitration and Conciliation Act,
1996, for terminating the mandate of the sole Arbitrator, an order
dated 28.04.2022 was passed by this Court appointing Hon'ble
Mr. Justice R.K. Jain (Retd.), as the sole Arbitrator.
2. However, a letter dated 17.06.2022 of Hon'ble
Mr. Justice R.K. Jain (Retd.) has now been received by the
Registrar General of this Court stating that he has been appointed
as Judicial Member in the National Company Law Appellate
Tribunal, New Delhi, on 17th May, 2022, and, therefore, cannot
undertake the arbitration assignment. In view of the aforesaid
letter that the matter is placed before this Court today [registered
as OMP No.397 of 2022].
3. In view of the above, by consent of the learned counsel
for the parties, the following order is passed: -
ORDER
(i) Hon'ble Mr. Justice Mohammad Rafiq, Former Chief Justice of this Court, R/o 7, Bhagat Vatika, Civil Lines, Hawa Sadar, Jaipur-302 006 ::: Downloaded on - 04/07/2022 20:03:03 :::CIS :2: Rajasthan), is appointed as a substitute sole .
Arbitrator to adjudicate the dispute between the parties which has arisen under Agreement;
(ii) The learned sole Arbitrator, before entering the arbitration reference, shall forward a statement of disclosure as per the requirement of Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996, to the Registrar (Judicial) of this Court, to be placed on record of this application and a copy thereof be forwarded to both the parties;
(iii) The parties shall appear before the prospective arbitrator on a date which may be mutually fixed by the learned sole Arbitrator, not later than four weeks from today;
(iv) The fees payable to the Arbitral Tribunal shall be as prescribed in 4th Schedule appended to the Arbitration and Conciliation Act, 1996;
(v) Office to forward a copy of this order to the learned Arbitrator on the following address:-
"Hon'ble Mr. Justice Mohammad Rafiq, Former Chief Justice, High Court of Himachal Pradesh, R/o 7, Bhagat Vatika, Civil Lines, Hawa Sadar, Jaipur-302 006 (Rajasthan)".
(vi) The application is disposed of in the above terms.
No costs.
(A.A. Sayed) Chief Justice July 01, 2022 (Bhardwaj) ::: Downloaded on - 04/07/2022 20:03:03 :::CIS