M/S Mahajan Trader vs State Of Himachal Pradesh And ...
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arb. Case No.131 of 2019 Decided on:06.08.2021

.

M/s Mahajan Trader ..........Petitioner

Versus

State of Himachal Pradesh and another ......Respondents ____________________________________________________

Coram:

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

     For the petitioner
                        r       :       Mr. Sumeet Raj Sharma, Advocate.

     For the respondents        :       Mr. Ranjan Sharma and Mr. Vikas
                                        Rathore,   Additional Advocate
                                        Generals.


                               (Through Video Conferencing)

______________________________________________________ Ravi Malimath, Acting Chief Justice (Oral).

The petitioner is before this Court in this petition

under Section 11(6) and Sections 12 & 15 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 petitioner that there was an

agreement, vide Annexure P-2, 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.

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.

George, District and Sessions Judge (Retd.), resident of Pine

Cottage, Panthaghati, Shimla-171013, 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. George, District and Sessions

Judge (Retd.), resident of Pine Cottage, Panthaghati,

.

Shimla-171013, 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.

7. The arbitration petition is disposed off accordingly.

Pending miscellaneous application is also disposed off.

( Ravi Malimath ) Acting Chief Justice.

August 06, 2021 (Yashwant)