Himachal Pradesh High Court
Chadha vs State Of H.P. Through Principal on 31 December, 2021
Bench: Mohammad Rafiq
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 31st DAY OF DECEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
ARBITRATION CASE No. 116 of 2021
Between:
M/S S.B. TRADING COMPANY
THROUGH PARTNER SH. RAJESH
CHADHA, R/O COLLEGE ROAD,
MANDI, DISTRICT MANDI, H.P.
...PETITIONER
(BY SH. SUMEET RAJ SHARMA,
ADVOCATE)
AND
1. STATE OF H.P. THROUGH PRINCIPAL
SECRETARY I&PH, HP SECRETARIAT,
CHOTTA SHIMLA, SHIMLA-6.
2. THE EXECUTIVE ENGINEER,
JALSHAKTI DIVISION NO. 2, KULLU
AT BHUNTAR, DISTT. KULLU (HP).
...RESPONDENTS
(BY SH. VIKAS RATHORE,
ADDITIONAL ADVOCATE GENERAL)
_____________________________________________________
This case coming on for orders this day, the Court
delivered the following:
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-2-
JUDGMENT
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-company 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 in respect of work "providing LWSS to PC
Hub Chanoun, Tehsil Banjar, Distt. Kullu, HP (SH: providing and
erection of pumping machinery)". Certain disputes have arisen
thereon. Clause 25 of the agreement provides for appointment of
an Arbitrator.
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 respondent, this application deserves to
be allowed and the dispute referred to arbitration.
4. Having considered the contentions of both sides,
Shri M.D. Sharma, District & Sessions Judge (Retd.), R/o Gulab
Kunj, Lower Kaithu (Annadel), Shimla-171 003, 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 M.D. Sharma, District
& Sessions Judge (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 4th Schedule appended to the Arbitration and Conciliation
Act, 1996.
6. The arbitration case is disposed of accordingly, so
also pending miscellaneous application(s), if any.
( Mohammad Rafiq )
Chief Justice
December 31, 2021
(hemlata)
