Sh. Sukh Dev Sharma vs State Of Himachal Pradesh on 10 September, 2021

[Cites 2, Cited by 1]

Himachal Pradesh High Court

Sh. Sukh Dev Sharma vs State Of Himachal Pradesh on 10 September, 2021

Bench: Ravi Malimath

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

              ON THE 10th DAY OF SEPTEMBER 2021

                             BEFORE




                                                      .

             HON'BLE MR. JUSTICE RAVI MALIMATH,

                      ACTING CHIEF JUSTICE





                  ARBITRATION CASE No.46 of 2021

      Between:-





      SH. SUKH DEV SHARMA,
      GOVT. CONTRACTOR,
      S/O SH. DHANNA RAM,
      R/O VILLAGE DOHAG,

      PO JAJWIN, TEHSIL JHANDUTTA,
      DISTRICT BILASPUR (HP).

                                                .....PETITIONER

      (BY SH. SUMEET RAJ SHARMA, ADVOCATE)



      AND

    1. STATE OF HIMACHAL PRADESH




       THROUGH SECRETARY
       PUBLIC WORKS DEPARTMENT,





       H.P. SECRETARIAT, CHOTTA SHIMLA,
       SHIMLA.
    2. EXECUTIVE ENGINEER,





       GHUMARWIN DIVISION,HP PWD,
       GHUMARWIN, DISTT. BILASPUR, H.P.
                                            .....RESPONDENTS

      ( BY SH. VIKAS RATHORE, ADDITIONAL
       ADVOCATE GENERAL)
    _____________________________________________________

              This petition coming on for admission this day, the




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                                         2


    Court passed the following:


                                   ORDER

The petitioner is before this Court in this petition under Section 11(6) 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-2, 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 respondents, this application must be ordered, and the dispute referred to arbitration.

4. Having considered the contentions of both sides, Sh. B.L. Soni, District and Sessions Judge (retired), R/o village Fayal, P.O. Dhari, via Soghi, Tehsil and District, Shimla, H.P., is ::: Downloaded on - 31/01/2022 23:03:25 :::CIS 3 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, Sh. B.L. Soni, District and Sessions Judge (retired), R/o village Fayal, P.O. Dhari, via Soghi, Tehsil and District, Shimla, H.P, 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 September 10, 2021 (vt) ::: Downloaded on - 31/01/2022 23:03:25 :::CIS

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