ARBAP/1/2021
2022 Latest Caselaw 4045 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                       SRI JUSTICE VIPIN SANGHI, C.J.

                            16TH DECEMBER, 2022
     ARBITRATION APPLICATION NO. 1 OF 2021
Between:
SUYOG INFRA (INDIA) PVT. LTD.      ......Applicant

and

M/s PATANJALI AYURVED LIMITED and another.
                                       ....Respondents


Counsel for the applicant          :   Mr. Hari Mohan Bhatia.

Counsel for the respondent         :   Mr. Sahil Mullick.



Upon hearing the 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, 1996, to seek an appointment of the sole

Arbitrator.

2. The parties had entered into an agreement

contained in the Work Order dated 18.01.2018. The said

Work Order contains an arbitration clause in Clause-32,

according to which the disputes shall be referred to the sole

arbitration of the Managing Director, Patanjali Ayurved

Limited or its nominee. However, in the light of the

amended provision contained in Section 12 (5) read with Schedule VII of the Arbitration and Conciliation Act, 1996,

the sole Arbitrator cannot be an interested party.

3. The applicant invoked the arbitration agreement,

since disputes arose between the parties, on 20.10.2020.

However, no Arbitrator was mutually appointed and,

consequently, this Application has been preferred.

4. The respondent has put in appearance. No reply

has been filed.

5. Today, learned counsel for the parties jointly state

that they seek appointment of Hon'ble Mr. Justice V.K. Bist,

Retired Chief Justice, Sikkim High Court as a sole Arbitrator.

6. Accordingly, I appoint Hon'ble Mr. Justice V.K.

Bist, Retired Chief Justice, Sikkim High Court to act as a sole

Arbitrator to adjudicate all disputes, claims and counter-

claims between the parties, arising out of the aforesaid

Work Order / Agreement.

7. The Application stands disposed of.

________________ VIPIN SANGHI, C.J.

Dt: 16th December, 2022 Rathour