Of The vs Himachal Pradesh State
2021 Latest Caselaw 5612 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

              ON THE 7th DAY OF DECEMBER, 2021

                             BEFORE




                                                     .

            HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,

                          CHIEF JUSTICE





                  ARBITRATION CASE No.101 of 2021

      Between:-
      ADANI ENTERPRISES LIMITED, HAVING




      ITS REGISTERED OFFICE AT ADANI
      CORPORATE HOUSE, SHANTIGRAM,
      NEAR VAISHNODEVI CIRCLE, S G
      HIGHWAY, KHODIYAR, AHMEDABAD

      382421 GUJARAT, THROUGH

      MR. MALAV DELIWALA SON OF SH.
      RAJEN R DELIWALA, AGED ABOUT
      39 YEARS, DULY AUTHORIZED
      REPRESENTATIVE,
      DULY AUTHORIZED SIGNATORY


      OF THE PETITIONER.
                                                     ......PETITIONER




      (BY SH. NEERAJ GUPTA, SENIOR
      ADVOCATE WITH MR. JANESH GUPTA,
      ADVOCATE, THROUGH VIDEO





      CONFERENCING)

      AND





    1. HIMACHAL PRADESH STATE
       ELECTRICITY BOARD LIMITED
       (A BODY CORPORATE, REGISTERED
       UNDER THE COMPANIES ACT, 1956)
       HAVING ITS REGISTERED OFFICE
       AT: KUMAR HOUSE, VIDYUT BHAWAN,
       SHIMLA 171 004, THROUGH ITS
       MANAGING DIRECTOR.
    2. THE CHIEF ENGINEER
       (SYSTEM OPERATION)




                                    ::: Downloaded on - 31/01/2022 23:24:03 :::CIS
                                         2


         HIMACHAL PRADESH STATE
         ELECTRICITY BOARD LIMITED
         KUMAR HOUSE, VIDYUT BHAWAN,
         SHIMLA-171 004.
                                                        ......RESPONDENTS




                                                             .

         (BY SH. TARA SINGH CHAUHAN,
         ADVOCATE THROUGH VIDEO,





         CONFERENCING)



                This petition coming on for orders this day, Hon'ble Mr.





    Justice Mohammad Rafiq, delivered the following:
                              JUDGMENT

Notice. Mr. Tara Singh Chauhan, learned counsel

takes notice for the respondents.

2. 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.

3. It is the case of the petitioner that there was an

agreement, vide Annexure P-7, between the petitioner and the

respondents and accordingly a contract was entered into between

the parties. Certain disputes have arisen thereon. Clause-13 of the

agreement provides for appointment of an Arbitrator.

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 deserves to be

.

allowed, and the dispute referred to arbitration.

5. Having considered the contentions of both sides,

Hon'ble Mr. Justice Rajiv Sharma, Judge of this Court (Retd.), 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, Hon'ble Mr. Justice Rajiv Sharma,

Judge of this Court (Retd.) shall enter into reference, and shall pass

an award in accordance with law. Copy of this order be forwarded to

the learned counsel for the parties, as also to the Arbitrator. The

Arbitrator so appointed shall be entitled to fee as per stipulation

contained in fourth schedule appended to the Arbitration and

Conciliation Act, 1996.

7. The arbitration petition is disposed of accordingly.

( Mohammad Rafiq ) Chief Justice December 07, 2021 (hemlata)