Uttarakhand High Court
ARBAP/4/2020 on 10 June, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE S.K. MISHRA, A.C.J.
10th JUNE, 2022
ARBITRATION APPLICATION No. 04 OF 2020
Between:
M/s P.K. Hospitality Services Pvt. Ltd.
...Petitioner
and
General Manager, Human Resources
Department and others.
...Respondents
Counsel for the petitioner. : Mr. B.D. Pande, the learned counsel.
Counsel for the respondents. : Mr. Chitrarth Kandpal, the learned
counsel.
Upon hearing the learned Counsel, the Court made
the following
JUDGMENT :
In this application, filed under sub-section (6)
of Section 11 of the Arbitration and Conciliation Act,
1996 (hereinafter referred to as the 'Act', for brevity),
the applicant has prayed for appointment of an
Arbitrator to resolve the controversy involved in the
case.
2. Mr. B.D. Pande, the learned counsel appearing
for the petitioner, would draw the attention of this Court
to Clause 30 appearing at Page No. 31 of the brief, and
would submit that there is an arbitration clause. It is
appropriate to take note of the exact words used by the
licensee while entering into the License Agreement with
the present petitioner. Clause 30 of the License
Agreement reads as follows :-
"30. All disputes and differences arising out of or in
any way touching or concerning this Agreement
(except those the decision whereof is otherwise heron
before expressly provided for or to which the public
Premises (Eviction of Unauthorized Occupants) Act
and the rules framed hereunder which are now
enforce or which may hereafter come into force are
applicable), shall be referred to the sole arbitration of
a person to be appointed by the Chairman/Member of
the Authority. The award of the arbitrator so
appointed shall be final and binding on the parties.
The Arbitration & Conciliation Act, 1996 shall be
applicable. It will be no bar that the Arbitrator
appointed as aforesaid is or has been an employee of
the Authority and the appointment of the Arbitrator
will not be challenged or be open to question in any
Court of Law, on this account."
3. However, Mr. Chitrarth Kandpal, the learned
counsel appearing for the opposite party-respondent,
would argue that, as per Clause 1 of the License
Agreement, the license was valid only for a period of five
years from 18.02.2010 to 17.02.2015, and the demand,
that has been raised by the respondent as far as the
petitioner is concerned, relates to the period after
17.02.2015 till his eviction i.e. for the period he was in
unauthorised occupation of the Restaurant in question.
4. However, taking into consideration the fact
that there was an agreement between the parties for
giving license to the petitioner, though for five years, the
petitioner continued to possess the same until he was
evicted. The dispute that arises regarding the payment
of dues for the period of alleged unauthorised occupation
shall also be governed by the terms and conditions of
the contract i.e. the License Agreement. Hence, this
Court is of the opinion that there is an Arbitration
Agreement between the parties and there is a dispute
between the parties. So, an Arbitrator should be
appointed to resolve the disputes between the parties.
5. The learned counsel for the petitioner as well
as the learned counsel for the respondent agree for
appointment of Mr. G.S. Dharmsaktu, Retd. District
Judge, R/o 16 Rajeshwar Nagar, Phase-I, Sahastradhara
Road, Dehradun, as an Arbitrator.
6. As both the learned counsel are in agreement
for appointment of Mr. G.S. Dharmsaktu, Retd. District
Judge, R/o 16 Rajeshwar Nagar, Phase-I, Sahastradhara
Road, Dehradun, as an Arbitrator, this Court disposes of
this application by appointing Mr. G.S. Dharmsaktu,
Retd. District Judge, R/o 16 Rajeshwar Nagar, Phase-I,
Sahastradhara Road, Dehradun, to act as an Arbitrator
to resolve the dispute between the parties.
7. Let the Arbitrator be intimated accordingly.
The learned Arbitrator shall, in terms of Section 11(8) of
the 1996 Act, furnish his disclosure in writing to this
Court within 15 days from the date of receipt of a
certified copy of this order. He shall, thereafter, fix his
remuneration, and charges towards other expenses, in
consultation with the parties to the dispute. He shall
endeavour to complete the arbitral proceedings, and to
pass an award with utmost expedition, preferably within
six months from the date on which he enters upon a
reference.
8. Urgent certified copy of this order be supplied
to the learned counsel for the parties, as per Rules.
________________
S.K. MISHRA, A.C.J.
Dt: 10th June, 2022
Rahul
