S.P. Singla Constructions Pvt. ... vs Chief Engineer
2021 Latest Caselaw 33 HP

HON'BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Arbitration Case No.43 of 2020 Decided on:01.01.2021

.

      S.P. Singla Constructions Pvt. Ltd.                                 .........Petitioner

                                                Versus





      Chief Engineer, Project Deepak
      & another                                  ....Respondents

________________________________________________________ Coram:

Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice.

Whether approved for reporting?1

For the petitioner : Mr. Anirudh Wadhwa and Mr.

Vivek Negi, Advocates, through video conferencing.

For the respondents :

Mr. Rajesh K. Sharma, Assistant

Solicitor General of India, through video conferencing.

__________________________________________________________

L. Narayana Swamy, Chief Justice (Oral).

By way of the present petition filed under

Section 11 of the Arbitration and Conciliation Act, 1996,

the petitioner is seeking a direction for appointment of

Hon'ble Mr. Justice Arun Kumar Goel, Former Judge of this

High Court, as a sole Arbitrator.

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. Mr. Rajesh K. Sharma, learned Assistant

Solicitor General of India, has raised an objection that

since a technical issue is involved in the present dispute,

.

therefore, the same is required to be considered and

adjudicated by a technical person only and not by a

retired Judge of the High Court. In support of his objection,

he has referred to General Condition No.70 of the

Arbitration Clause of Contract, annexed with the petition

under:-

r to as Annexure P-2, relevant portion whereof is extracted as

"70. Arbitration - All disputes, between the parties to the Contract (other than those for which the decision of the Commander Contract or any other person is by the Contract expressed to be final and binding)

shall, after written notice by either party to the Contract to the other of them, be referred to the sole arbitration of an [Serving Officer

having degree in Engineering or equivalent or having passed final/direct final Examination of

sub-Division II of Institution of Surveyor (India) recognised by the Govt. of India.] to be ............"

3. In view of the above objection raised by

learned Assistant Solicitor General of India, he seeks one

week's more time to obtain instructions with regard to

appointment of a technical person as a sole Arbitrator in

the present matter.

4. In my considered view, the present dispute

.

involved between the parties is an arbitral issue and the

same can be adjudicated by any retired Judge of the High

Court. Therefore, the further prayer made on behalf of

learned Assistant Solicitor General of India for seeking

instructions with regard to appointment of a technical

rejected.

r to person as a sole Arbitrator in the present matter, is

5. In view of the above, considering the

submissions and prayer made on behalf of the petitioner,

the present petition is allowed and Hon'ble Mr. Justice

Arun Kumar Goel, Former Judge of this High Court, is

appointed an Arbitrator for adjudication of the dispute

involved in the present petition. He is requested to enter

into reference within a period of two weeks from the date

of receipt of a copy of this order. It shall be open for

learned Arbitrator to determine his own procedure with

the consent of the parties. Otherwise also, entire

procedure with regard to fixing of time limit for filing

pleadings or passing of Award stands prescribed under

Sections 23 and 29A of the Act.

6 Needless to say that award shall be made

.

strictly as per provisions contained in Arbitration and

Conciliation Act. A copy of this order shall be made

available to learned Arbitrator, named above, by the

Registry of this Court within a period of one week from

today, enabling him to take steps for commencement of

7. to the arbitration proceedings within the stipulated period.

The petition stands disposed of accordingly,

so also pending miscellaneous application(s), if any.

(L. Narayana Swamy) Chief Justice

January 01, 2021

(Yashwant)