Surender Kumar vs The Divisional Forest Officer
2021 Latest Caselaw 3708 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arb. Case No.134 of 2019

.

Decided on:06.08.2021

Surender Kumar ..........Petitioner

Versus

The Divisional Forest Officer ......Respondent ____________________________________________________

Coram:

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

For the petitioner : Mr. Diwakar Dev Sharma, Advocate.

For the respondent : 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 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-1, between the petitioner and the

.

respondent and accordingly a contract was entered into between

the parties. Certain disputes have arisen thereon. Clause 31 of the

Agreement provides for appointment of an Arbitrator.

3. The respondent has filed the counter-affidavit. In the

counter-affidavit filed by the respondent, 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 respondent, this application must be

ordered, and the dispute referred to arbitration.

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

Sohan Lal Sharma, District and Sessions Judge (Retired),

resident of Sharma Niwas, Forest Colony, Khalini, District Shimla

(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. Sohan Lal Sharma, District and

Sessions Judge (Retired), resident of Sharma Niwas, Forest

.

Colony, Khalini, District Shimla (H.P.), 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.

                         r         to              ( Ravi Malimath )

                                                  Acting Chief Justice.

         August 06, 2021
         (Yashwant)