Suresh Kumar And Another vs Ravinder Kumar And Another
2021 Latest Caselaw 3695 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arb. Case No.56 of 2020

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Decided on:06.08.2021

Suresh Kumar and another ..........Petitioners

Versus

Ravinder Kumar and another ......Respondents ____________________________________________________

Coram:

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

For the petitioners : Mr. N.K. Thakur, Sr. Advocate with

Mr. Divya Raj Singh, Advocate.

For the respondents : Mr. Dheeraj K. Vashista, Advocate.

(Through Video Conferencing) ______________________________________________________

Ravi Malimath, Acting Chief Justice (Oral).

The petitioners are before this Court in this petition

under Section 11 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.

______________________________________________________________________ Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. It is the case of the petitioners that there was an

agreement, vide Annexure P-1, between the petitioner and the

respondents and accordingly a contract was entered into between

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the parties. Certain disputes have arisen thereon. Clause 16 of the

Agreement provides for appointment of an Arbitrator.

3. The respondents have filed the counter-affidavit. In

the counter-affidavit filed by the respondents, the fact that such an

arbitration clause exists, has been admitted.

4. 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.

5. Having considered the contentions of both sides, Sh.

Om Prakash Sharma, District and Sessions Judge (Retired),

resident of Village Nari (Basal), Tehsil & District, Una (H.P.), 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.

6. On his giving consent to arbitrate the dispute between

the parties as an Arbitrator, Sh. Om Prakash Sharma, District and

Sessions Judge (Retired), resident of Village Nari (Basal), Tehsil

& District, Una (H.P.), shall enter into reference, and shall pass an

award in accordance with law. The learned Arbitrator shall fix his

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fees in consultation with both the parties.

7. The arbitration petition is disposed off accordingly.

Pending miscellaneous application is also disposed off.

                         r       to                  ( Ravi Malimath )
                                                    Acting Chief Justice.

         August 06, 2021
         (Yashwant)