Citation : 2021 Latest Caselaw 2478 HP
Judgement Date : 26 March, 2021
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Arb. Case No. 44 of 2019
Decided on 26.3.2021
.
M/s GNG Trading Pvt. Ltd through its Director ....Petitioner.
Versus
State of Himachal Pradesh and another ... Respondent.
................................................................................................
Coram
The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice.
Whether approved for reporting?1
For the petitioner : Mr. Jagmohan Chandel, Advocate.
For the respondents : Mr. Ashok Sharma, Advocate General with
Ms. Ritta Goswami, Advocate.
L. Narayana Swamy, Chief Justice (Oral)
By way of the present petition filed under Sub Section 6
of Section 11 of the Arbitration and Conciliation Act, 1996, the
petitioner is seeking a direction for appointment of an Arbitrator.
2. Considering the submissions and prayer made on behalf
of the petitioner, the present petition is allowed and Hon'ble Mr.
Justice Dharam Chand Chaudhary, (Retd.), 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
Whether reporters of the local papers may be allowed to see the judgment?
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.
.
3. Needless to say that award shall be made strictly as per
provisions contained in Arbitrator 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 the arbitration
proceedings within the stipulated period.
4. The petition stands disposed of accordingly, so also
pending miscellaneous application(s), if any.
(L. Narayana Swamy)
Chief Justice
26th March, 2021
(Guleria)
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