ARBAP/10/2022
2022 Latest Caselaw 2363 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                       SRI JUSTICE VIPIN SANGHI, C.J.

                             29th JULY, 2022
    ARBITRATION APPLICATION NO. 10 OF 2022
Between:
Shimpi Garg                       ......Applicant

and

Sumit Agarwal                                             ....Respondent


Counsel for the applicant          :   Mr. Susheel Kumar, learned proxy
                                       counsel for Mr. Vikas Bahuguna,
                                       learned counsel.

Counsel for the respondent         :   Ms. Puja Banga, learned counsel for
                                       the respondent.



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 an

Arbitrator in terms of the arbitration agreement contained in

the Agreement for sale dated 27.10.2018 entered into

between the parties.

2. The Arbitration Agreement is contained in Clause-

15 of the said Agreement for sale dated 27th October, 2018.

It provides that if there is any dispute between the vendor

and purchaser arising out of the Agreement, the same shall

be adjudicated by reference to the arbitration of two independent arbitrators, one to be appointed by each party,

who shall appoint an umpire.

3. The Arbitration Agreement was invoked by the

applicant on 18.11.2021. However, the parties have not

been able to mutually appoint the Arbitrator and,

consequently, this Application has been preferred.

4. The learned counsel for the respondent has

produced her Vakalatnama, which is taken on record. On

instructions, she states that the respondent is agreeable to

appointment of a sole Arbitrator to adjudicate the dispute

the between the parties. She submits that the venue of

arbitration may, however, be fixed at Dehradun, since the

property in question is situated in Dehradun.

5. In view of the aforesaid, the Application is

allowed. I appoint Mr. Shri K.D. Bhatt, retired District

Judge, R/o House No. 297, Lane No. 5, Madhur Vihar,

Ajabpur, Dehradun, to act as the sole Arbitrator to

adjudicate the dispute, whichever is there between the

parties, under the Agreement for sale dated 27th October,

2018.

________________ VIPIN SANGHI, C.J.

Dt: 29th July, 2022 Rathour