ARBAP/4/2022
2022 Latest Caselaw 1930 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

       THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

           ARBITRATION APPLICATION NO. 04 OF 2022

                             1st July, 2022

Between:

M/s Natur Krauter and another             ...... Applicants/Petitioner

and

Mussoorie Dehradun
Development Authority                     ......         Respondent



Counsel for the applicants     :    Mr. Rakshit Joshi and Mr. Gagan
                                    Oberoi, learned counsel

Counsel for the respondent     :    Mr.  Rahul     Consul,   learned
                                    counsel


The Court made the following:


JUDGMENT:

Present application has been preferred by the

applicants under Section 11(6) of the Arbitration and

Conciliation Act to seek appointment of an Arbitrator to

adjudicate the disputes between the parties arising out

of the agreement contained in the Memorandum of

Understanding dated 30.08.2012. The said agreement

related to installation, commissioning, maintenance and

management of multistoried parking complex with latest

parking amenities and security provisions.

2) The case of the applicants is that since dispute

arose between the parties, and the applicants invoked

the arbitration agreement, the respondent appointed an

Arbitrator, namely, M/s Saurabh Kishan and Company,

Chartered Accountant, in response to the applicants'

request made on 07.06.2018.

3) At this stage, I may observe that the

appointment had to be of a specific person, and not of a

Chartered Accountant firm. In any event, the admitted

position is that the said firm withdrew from the

arbitration proceedings vide a letter received in the

office of the respondent on 19.09.2018.

4) Thereafter, the respondent appointed Mr. Indu

Kumar Pandey (Retd. I.A.S.) as Arbitrator on

01.11.2019. Notice was issued by the newly appointed

Arbitrator to the applicants, returnable on 21.02.2020.

The applicants state that thereafter the Arbitrator did not

proceed in the matter. The applicants state that they

have been following up the matter, and even visited the

residence of the Arbitrator, but the house was found

locked.

5) In the response filed by the respondent it is

stated that the learned Arbitrator Mr. Indu Kumar

Pandey had called upon the applicants to file their

statement of claim, which was, however, not filed and,

therefore, the said Arbitrator recused from the

proceedings. This statement is disputed by the

applicants, who state that the applicants did not receive

any notice from the Arbitrator calling upon the applicants

to file their statement of claim.

6) The learned counsel for the respondent states

that in the aforesaid light, the respondent has no

objection to appointment of an independent Arbitrator by

me.

7) According the Arbitration Application is

allowed. I appoint Mr. Justice Irshad Hussain (Retd.)

Judge, Uttarakhand High Court, as the sole Arbitrator to

adjudicate the disputes which have arisen between the

parties under the aforesaid agreement.

________________ VIPIN SANGHI, C.J.

Dt: 1st July, 2022 Negi