Uttarakhand High Court
ARBAP/11/2021 on 24 June, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE S.K. MISHRA, A.C.J.
24th JUNE, 2022
ARBITRATION APPLICATION No. 11 OF 2021
Between:
M/S Mathiyan Construction (Pvt.) Ltd.
...Petitioner
and
State of Uttarakhand and others.
...Respondents
Counsel for the petitioner. : Mr. Pankaj Purohit, the learned
counsel.
Counsel for the respondents. : Mr. B.S. Parihar, the learned Standing
Counsel for the State of Uttarakhand.
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. Pankaj Purohit, the learned counsel
appearing for the petitioner, would draw the attention of
this Court to Clause 19 appearing at Page No. 21 of the
brief, and would submit that there is an arbitration
clause. It is appropriate to take note of the exact words
used therein. Clause 19 reads as follows :-
"19. Settlement of Dipsutes.
Any dispute or differance between the Ex.
Engineer and line contractor as to the rights or
liabilities of the parties here to as to any matter or
thing whatsoever arising under his contractor or
concerning, is constive on wheather such dispute, or
differance arises during the continuance of this
contractor or after its datermination by completion or
breach or otherwise how so ever shall in the first
instance be reffered to the Sup Engineer who shall
give his written decision thereon. Such written
decision shall be final and binding on the parties
unless the contractor within 14 days of the receipt
there of gives the Ex.Engineer notice in writing object
to such decision in which case and in any case in
which the Sup. Engineer fails to give a writtan
decision within 21 days after receipt or notice in
writing given to him by the contractor requiring his
decisionsuch dispute or differance shall be referred to
an arbitrator agreed upon by both the parties or
failing such agreement to an arbitrator appointed by
the .................... and in either case the decision of
the arbitrator (including his decision as or to eosis)
shall be final and binding on both the parties and the
cost of arbitration shall be born by the parties in such
manner as the arbitrator may decide.
If any such dispute arises in consequence of an
act of God or Civil commission and is referred to
arbitration under the provision of this clause the
arbitrator shall decide whether this contract shall
continue or shall be datermined and shall in either
case datermine the terms and conditions attendant on
such continution or datermution."
3. It is not disputed by Mr. B.S. Parihar, the
learned Standing Counsel for the State of Uttarakhand,
that there is an arbitration clause.
4. The learned counsel for the petitioner,
therefore, submits that the sole Arbitrator may be
appointed to resolve the disputes between the parties.
The learned counsel for the petitioner as well as the
learned counsel for the respondent agree for
appointment of Mr. Justice Lok Pal Singh, Retd. Judge of
this Court, R/o H.N. 415-A, Lane no.-3, Arya Nagar,
P.O.- Arya Vanprastha Ashram, Jwalapur, Haridwar-
249407, as an Arbitrator.
5. As both the learned counsel are in agreement
for appointment of Mr. Justice Lok Pal Singh, Retd.
Judge of this Court, R/o H.N. 415-A, Lane no.-3, Arya
Nagar, P.O.- Arya Vanprastha Ashram, Jwalapur,
Haridwar-249407, as an Arbitrator, this Court disposes
of this application by appointing Mr. Justice Lok Pal
Singh, Retd. Judge of this Court, R/o H.N. 415-A, Lane
no.-3, Arya Nagar, P.O.- Arya Vanprastha Ashram,
Jwalapur, Haridwar-249407, to act as an Arbitrator to
resolve the dispute between the parties.
6. 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.
In sequel thereto, all pending applications
stand disposed of.
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: 24th June, 2022
Rahul
