Ishwar Dutt vs H.P State Forest Development ...
2024 Latest Caselaw 12666 HP

Himachal Pradesh High Court

Ishwar Dutt vs H.P State Forest Development ... on 30 August, 2024

Author: Tarlok Singh Chauhan

Bench: Tarlok Singh Chauhan

                                       Neutral Citation No. ( 2024:HHC:7732 )




        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                   Arb. Case No.558 of 2024 and Arb.




                                                                                         .
                                                   Case No.559 of 2024





                                                   Date of decision: 30.8.2024


    Arb. Case No.558 of 2024





    Ishwar Dutt                                                                 .....Petitioner.

                                         Versus





    H.P State Forest Development Corporation Ltd.

                                                                           .....Respondent.
    Arb. Case No.559 of 2024

    Ishwar Dutt                                .....Petitioner.

                      Versus
    H.P State Forest Development Corporation Ltd.

                                                                           .....Respondent.



    Coram
    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.




    Whether approved for reporting?1 No





    For the Petitioner(s)                :         Mr. Suneet Goel, Advocate.

    For the Respondent(s) :                         Mr.  Durga                   Singh       Kainthla,





                                                    Advocate.


    M.S. Ramachandra Rao, Chief Justice (oral)

This application is filed under Section 11 (6) of the

Arbitration and Conciliation Act, 1996, seeking appointment of

1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes

Neutral Citation No. ( 2024:HHC:7732 )

an arbitrator to resolve the dispute between the parties arising

out of agreement dt. 19.09.2007 (Annexure P-1) in Arbitration

.

Case No.558 of 2024 and agreement dt. 4.6.2005 (Annexure P-

1) in Arbitration Case No.559 of 2024.

2) Clause 27 of the contract agreement contains an

arbitration clause.

3) Notice has been issued by the applicant vide

Annexure P-3 dt. 9.8.2023 to the respondent invoking the said

arbitration clause.

4) Respondent has not filed reply to the said notice.

5) Learned counsel for the respondent also agrees if

the arbitrator is appointed. Learned counsel for the parties

state that award passed by the arbitrator previously has since

been set aside.

6) Since the existence of dispute is admitted and

there is an arbitration clause in the agreement between the

parties which has already been invoked vide Annexure P-3 by

the applicant, Sh. R.K. Chaudhary, retired District and Sessions

Judge is appointed as an arbitrator to adjudicate the dispute

between the parties, after his disclosure in writing is obtained in

terms of Section 11(8) of the Act and only after receipt

Neutral Citation No. ( 2024:HHC:7732 )

thereof, his appointment, as an Arbitrator, shall come into

force.

.

7) On his giving consent to arbitrate the dispute

between the parties as an Arbitrator, Sh. R.K. Chaudhary,

retired District & Sessions Judge, shall enter into reference, and

shall pass an award in accordance with law.

8) Copy of this order be furnished to the learned

counsel for the parties and also furnished to the learned

Arbitrator. The learned Arbitrator so appointed shall be entitled

to fee as per stipulation contained in 4th Schedule appended

to the Arbitration and Conciliation Act, 1996. The applications

are disposed of accordingly.

(M.S. Ramachandra Rao) Chief Justice

30th August, 2024 (mamta)