Decided On: 6Th August vs The Chief Executive Officer-Cum
2021 Latest Caselaw 3701 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Arbitration Case No.57 of 2021 Decided on: 6th August, 2021 ______________________________________________________ Surinder Singh .....Petitioner

.

Versus

The Chief Executive Officer-cum-

Secretary and another .....Respondents

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

______________________________________________________

For the petitioner: Mr. Sunil Mohan Goel, Advocate. For the respondents: Mr. Amit Singh Chandel, Advocate.

(Through Video Conferencing)

Ravi Malimath, Acting Chief Justice(Oral)

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 C-3, 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.

______________________________________________________ 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,

Shri Pritam Singh, District & Sessions Judge (Retd.), Resident of

Village Bandla, Post Office Nachier, Tehsil Palampur, District Kangra,

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.

5. On his giving consent to arbitrate the dispute between

the parties as an Arbitrator, Shri Pritam Singh, District & Sessions

Judge (Retd.), 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. Pending miscellaneous application is also disposed off.

( Ravi Malimath ) Acting Chief Justice August 06, 2021 (Bhardwaj/Himalvi)