Himachal Pradesh High Court
Sh. Babu Ram Vij vs State Of Himachal Pradesh on 9 December, 2021
Bench: Mohammad Rafiq
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 9th DAY OF DECEMBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
ARBITRATION CASE No.94 of 2021
Between:-
SATISH KUMAR VIJ S/O LATE
SH. BABU RAM VIJ R/O KAMLA
NIWAS, SNEH BHAWAN NEAR
TELEPHONE EXCHANGE,
CHOTTA SHIMLA DISTRICT SHIMLA, HP.
......PETITIONER
(BY SH. SUMEET RAJ SHARMA,
ADVOCATE, THROUGH VIDEO
CONFERENCING)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
HPPWD SHIMLA
2. EXECUTIVE ENGINEER HPPWD
DIVISION THEOG DISTRICT SHIMLA, HP.
......RESPONDENTS
(BY VIKAS RATHORE, ADDITIONAL
ADVOCATE GENERAL, THROUGH VIDEO,
CONFERENCING)
This petition coming on for orders this day, the
Court delivered the following:
JUDGMENT
Notice of this petition was served on the respondents on
10.9.2021 and time was granted to file reply. Reply has been filed by
the respondents and it is contended in the reply that respondents
had already appointed Sh. R.K. Verma, (Retd. E-in-C) as Arbitrator
.
with the consent of the petitioner. The said Arbitrator has asked the
parties for entering into reference but petitioner even after giving
consent refused to appear before the said Arbitrator and expressed
his unwillingness. It is further contended that the respondents are
ready and willing to appoint another Arbitrator.
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-1, between the petitioner and the
respondents and accordingly a contract was entered into between
the parties in respect of work of C/O improvement and Up-gradation
of Sainj Deha Chopal Nerwa Shallu road Km 0/0 To 20/740 (Sh;-
Formation Cutting in extended Width including R/Wall, Extension of
CD Works C/O New CD Works, road Side Drain, Parapets, P/L GI
G-II, G-III BM, BC and P/F "W" Metal Beam Crah Barriers in Km 0/0
to 10/0) under CRF) which work was awarded to him vide award
letter No. PW THD/PMGSY (SAINJ DEHA CHOPAL ROAD)/2016-
17-16887-95 DATED 27.1.2017. Certain disputes have arisen
thereon. Clause-25.3 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 V.K. 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 V.K. Sharma, Judge
of this Court (Retd.) R/o Home Turf, Cottage No. 3 Aiera Homes
Kasumpti Shimla -9, 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 09, 2021
(cm Thakur)
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