Himachal Pradesh High Court
Patel Gammon Joint Venture (Pgjv) vs Satluj Jal Vidyut Nigam Limited (Sjvnl) on 15 November, 2019
Author: L. Narayana Swamy
Bench: L. Narayana Swamy
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Arb. Case No. 47 of 2018
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Decided on: 15.11.2019
Patel Gammon Joint Venture (PGJV) ...Petitioner
Versus
Satluj Jal Vidyut Nigam Limited (SJVNL) ...Respondents
and another
Coram r
The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice.
Whether approved for reporting?1
For the petitioner: Mr. R.L. Sood, Senior Advocate, with
Mr. Arjun Lall, Advocate.
For the respondents: Mr. K.D. Shreedhar, Senior Advocate,
with Ms. Shreya Chauhan, Advocate,
for respondent No. 1.
Mr. Rajesh Kumar Sharma, Assistant
Solicitor General of India, for
respondent No. 2.
L. Narayana Swamy, Chief Justice. (Oral)
In this petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996, the petitioner is 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 15/11/2019 20:26:03 :::HCHP 2seeking a direction for appointment of second and third Arbitrators in addition to the Arbitrator already nominated .
by the petitioner.
2. It is not in dispute that Subclause (a) of Clause 20.6 of the Contract Agreement (Annexure PB) entered into between the parties, provides that in case of any dispute between the parties to the Contract, the same shall be settled by three Arbitrators; one each to be nominated by the parties to the Contract and the third Arbitrator to be appointed by the Secretary (Power), Ministry of Power, Government of India.
3. It is apt to record herein that the petitioner has already nominated Mr. Justice V.K. Gupta, Chief Justice (Retired) as its Arbitrator in terms of Notice, dated 24 th May, 2018 (Annexure PO).
4. From the perusal of order dated 4 th October, 2019, it appears that the Secretary (Power), Government of ::: Downloaded on - 15/11/2019 20:26:03 :::HCHP 3 India, has nominated Shri P. Umashankar, retired Secretary (IAS) as third Arbitrator.
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5. At this stage, learned Senior Counsel appearing for respondent No. 1SJVN submits that Shri Ajay Mittal, Retired IAS, be appointed as second Arbitrator on behalf of respondent No. 1.
6. In view of the above, the petition is allowed and in addition to Mr. Justice V.K. Gupta, Chief Justice (Retired), Shri Ajay Mittal, Retired IAS; and Shri P. Umashankar, Retired IAS, are appointed as second and third Arbitrators. Aforesaid Arbitrators are 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 Arbitrators to determine their 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.
::: Downloaded on - 15/11/2019 20:26:03 :::HCHP 47. Needless to say, award shall be made strictly as per provisions contained in Arbitration and Conciliation Act.
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A copy of this order shall be made available to the learned Arbitrators named above, by the Registry of this Court within one week enabling them to take steps for commencement of the arbitration proceedings within stipulated period.
8. to The petition is disposed of accordingly.
(L. Narayana Swamy) Chief Justice November 15, 2019 ( rajni ) ::: Downloaded on - 15/11/2019 20:26:03 :::HCHP