ARBAP/25/2020
2022 Latest Caselaw 4036 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

      THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI


            ARBITRATION APPLICATION NO. 25 OF 2020


                        16th DECEMBER, 2022


Between:

Union of India through
Chief Engineer, Bareilly Zone                ...... Applicant/Petitioner

and

M/s S & S Construction Co.                   ......         Respondent



Counsel for the applicant        :     Mr.   V.K.  Kaparuwan,    learned
                                       Standing Counsel for the Union of
                                       India

Counsel for the respondent   :         Ms.    Shakshi     Singh,   proxy
                                       counsel on behalf of Mr. Shobhit
                                       Saharia, learned counsel




The Court made the following:


JUDGMENT:

The applicant has preferred the present

application under Section 11(6) of the Arbitration and

Conciliation Act to seek the appointment of an Arbitrator in

terms of Para 7(b) on page 112 of the Contract Agreement

dated 20.05.2011 read with Condition No. 70 of IAFW-

2249 of General Condition of Contract.

2) The parties had entered in the aforesaid

Contract Agreement, which contains the Arbitration

Agreement in Clause 70. Copy of said Clause has been

filed along with the application. Copy of Clause 7(b)

referred to above has also been placed on record.

3) The applicant invoked the Arbitration Agreement

on 03.06.2020. The applicant suggested names of

prospective Arbitrators, one of whom could be appointed

as an Arbitrator. The respondent has, however, not

responded to the said notice. Consequently, this

application has been preferred.

4) The respondent has filed its reply. In the reply

the respondent does not dispute the factum of the parties

entering into the aforesaid Agreement, which contains an

Arbitration Agreement. The respondent has suggested the

names of a few persons, one of whom could be appointed

as the sole Arbitrator, while stating that a serving officer

may not be appointed.

5) Consequently, the respondent does not dispute

the fact that the parties entered into an Agreement in

relation to which disputes have arisen, and which are

referable to arbitration of a sole Arbitrator.

6) Accordingly, I allow this application, and appoint

Mrs. Meena Tiwari, retired District Judge, R/o Co-

operative Tribunal Building, Lane No. 1C, Shastri Nagar,

Dehradun - 248 001, as a sole Arbitrator to adjudicate

the disputes between the parties arising out of the

aforesaid Agreement.

7) Arbitration Application stands disposed of,

accordingly.

________________ VIPIN SANGHI, C.J.

Dt: 16th DECEMBER, 2022 Negi