ARBAP/44/2019
2021 Latest Caselaw 691 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

 THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN

          ARBITRATION APPLICATION NO. 44 OF 2019

                         5th March, 2021

Between:

R.K. Agarwal                              ......applicant/petitioner

and

Govind Ballabh Pant University
of Agriculture and Technology                     ......Respondent


Counsel for the petitioner       : Mr. Sunil Khera.

Counsel for the respondent : Mr. Shubhang Dobhal.


The Court made the following:


                         JUDGMENT:

By order dated 05th November, 2020,

coordinate bench had appointed Mr. Rajeev Tandon,

Advocate, as the arbitrator on behalf of the respondent.

2. Both the learned counsel for the parties are at

ad idem that subsequently Mr. Rajeev Tandon has

declined to be appointed as the arbitrator in the present

case. Therefore, the request from both the learned

counsel for the parties for appointment of fresh

Arbitrator on behalf of the respondent.

3. Both the learned counsel for the parties are at

ad idem that according to Clause 24.4 of the general

condition of contract entered between the parties, an

arbitral clause does exist. According to the arbitral

clause, an arbitral Tribunal consisting of three arbitrators

shall be constituted. Each party shall appoint an

arbitrator on its behalf and both the arbitrators so

appointed shall appoint a third arbitrator who will act as

Presiding arbitrator in the Tribunal. Consequently, as

mentioned above by the order dated 05.11.2020, Mr.

Rajeev Tandon, Advocate was appointed as the

arbitrator on behalf of the respondent.

4. However, as Mr. Tandon has declined to be

appointed as arbitrator, this Court appoints Mr. Breet

Singh, the District Government Counsel (Civil), Udham

Singh Nagar as arbitrator on behalf of the respondent,

after his disclosure in writing, is obtained in terms of

Section 11(8) of the Act. Only after receipt thereof shall

his appointment, as an arbitrator on behalf of the

respondents, come into force. The learned arbitrator

appointed by this Court, on behalf of the respondent,

shall fix his fees in consultation with the respondent.

5. In terms of clause 24.4 of the general

condition of contract, both the arbitrators shall together

appoint the third arbitrator, who shall act as the

Presiding Arbitrator in the Tribunal.

6. The arbitration application stands disposed of.

_______________________________ RAGHVENDRA SINGH CHAUHAN, C.J.

Dt: 05th March, 2021 Negi