Decided On: 6Th August vs Engineer-In-Chief And Another
2021 Latest Caselaw 3690 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arbitration Case No.71 of 2021 Decided on: 6th August, 2021 ______________________________________________________ R.S. Construction Engineers and another .....Petitioners

.

Versus

Engineer-in-Chief and another .....Respondents

Coram

Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice Whether approved for reporting?

______________________________________________________ For the petitioners: Mr. Adarsh K. Vashista, Advocate. For the respondents:

r to Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma and Mr. Vikas Rathore, Advocates General.

Additional

(Through Video Conferencing) Ravi Malimath, Acting Chief Justice(Oral)

The petitioners are 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 petitioners that there was an

agreement, vide Annexure P-3, between the petitioners and the

respondents and accordingly a contract was entered into between

the parties. Certain disputes have arisen thereon. Clause-5(c) of the

agreement provides for appointment of an Arbitrator.

______________________________________________________ Whether reporters of Local Papers may be allowed to see the judgment?

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,

Brig (Retd.) S.K. Grover (Retired as Arbitrator from Military

Engineering Services), Resident of: 506, Jaishree Towers, Swastic

Vihar, Phase-4, MDC, Sector-5, Panchkula-134114, Haryana, 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, Brig (Retd.) S.K. Grover (Retired as

Arbitrator from Military Engineering Services), 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.

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                                                 ( Ravi Malimath )
                                               Acting Chief Justice

    August 06, 2021





     (Bhardwaj/Himalvi)




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