M/S Chotta Shimla Projects Pvt. Ltd & ... vs The Municipal Corporation Shimla & ... on 23 December, 2022

[Cites 5, Cited by 1]

Himachal Pradesh High Court

M/S Chotta Shimla Projects Pvt. Ltd & ... vs The Municipal Corporation Shimla & ... on 23 December, 2022

Bench: A.A. Sayed

         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                        Arbitration Case No. 74 of 2022
                        Decided on 23rd December, 2022
    ____________________________________________________




                                                                          .

    M/s Chotta Shimla projects Pvt. Ltd & another                           .....Petitioners.
                                       Versus





    The Municipal Corporation Shimla & another ......Respondents.
    _____________________________________________________
    Coram
    The Hon'ble Mr. Justice A.A. Sayed, Chief Justice





    1
     Whether approved for reporting?
    ____________________________________________________
    For the petitioner:r          Mr. Tarunjeet Singh Bhogal, Advocate.

    For the respondents:                       Mr. N.K Gupta, Advocate.

    A.A. Sayed, Chief Justice (oral)

This is an application filed by the petitioner, under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 ('the Act' for short), for terminating the mandate of sole Arbitrator and for appointment of an independent arbitrator.

2. Pursuant to a tender, the work of "DBOT Parking Complex Project at Chotta Shimla" was allotted to the petitioner.

3. The learned counsel for the parties have pointed out that in a connected Arbitration Case No. 75 of 2022, an order has been passed appointing Sh. Mohammad Rafiq, Former Chief Justice 1 Whether reporters of Local Papers may be allowed to see the judgment?

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of High Court of Himachal Pradesh, as substitute sole arbitrator to adjudicate the disputes between the parties and similar order be passed in this case also. Hence, by consent of the learned counsel .

for the parties, the following order is passed:-

ORDER

(i) Shri Mohammad Rafiq, former Chief Justice of High Court of Himachal Pradesh, is appointed as a sole Arbitrator to adjudicate the disputes between the parties under the Agreement. The mandate of the earlier Arbitrator shall stand terminated.

(ii) The learned Arbitrator, before entering the arbitration reference, shall forward a statement of disclosure as per the requirement of Section 11(8) read with Section12(1) of the Act to the Registrar (Judicial) of this Court (to be placed on record of this application) and a copy thereof be forwarded to the parties.

(iii) The parties shall appear before the Arbitrator on a date which may be fixed by the learned Arbitrator, not later than four weeks from the date of receipt of a copy of this order.

(iv) The fees payable to the Arbitral Tribunal shall be as prescribed in the Fourth Schedule appended to the ::: Downloaded on - 29/12/2022 20:31:53 :::CIS 3 Arbitration and Conciliation Act, 1996.

(v) Office to forward a copy of this order to the learned Arbitrator on the following address:-

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"Mr. Justice Mohammad Rafiq, Former Chief Justice, High Court of Himachal Pradesh, 7, Bhagat Vatika, Civil Lines, Hawa Sadar, Jaipur 302006 (Rajasthan)"

4. The application to stand disposed of in the above terms.

( A.A. Sayed ) Chief Justice 23rd December, 2022 (priti) ::: Downloaded on - 29/12/2022 20:31:53 :::CIS

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