ARBAP/24/2021
2022 Latest Caselaw 4043 UK

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI


            ARBITRATION APPLICATION NO. 24 OF 2021

                           16TH DECEMBER, 2022

BETWEEN:
Smt. Lalita Singh                                                  .....Applicant.
And

Gopal Singh Khetwal                                                ....Respondent.

Counsel for the Applicant : Mr. B.S. Kathayat, learned counsel.

Counsel for the Respondent : Mr. Shiv Pande, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

This application has been preferred by the applicant

under Section 11(6) of the Arbitration and Conciliation Act,

1996, to seek appointment of the sole Arbitrator, to resolve

the disputes between the parties, in terms of the Agreement

dated 01.05.2019, in relation to operation of stone crusher.

The said agreement was extended upon its expiry. The said

agreement contains an arbitration clause in Clause 18.

2. Disputes arose between the parties under the said

agreement and, consequently, the applicant invoked the

arbitration agreement vide notice dated 17.06.2021. Despite

issuance of the said notice, parties have not been able to

agree upon constitution of an Arbitral Tribunal and,

consequently, the present application has been preferred.

3. Upon issuance of the notice, the respondent has

put in appearance through counsel. Learned counsel for the

respondent does not oppose the appointment of the sole

Arbitrator by this Court to adjudicate all the disputes, claims/

counter-claims between the parties arising out of the

aforesaid agreement.

4. Accordingly, I allow the present application and

appoint Mr. Justice Jayant Nath, (Retd.), Judge, Delhi High

Court (Mobile No.9810032986), to act as the sole arbitrator

to adjudicate all the disputes, claims and counter-claims of

the parties, arising out of the aforesaid agreement.

5. Application stands disposed of.

(VIPIN SANGHI, C.J.)

Dated: 16th December, 2022 NISHANT