ARBAP/32/2022
2022 Latest Caselaw 3581 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

            ARBITRATION APPLICATION NO. 32 OF 2022
                           11TH NOVEMBER, 2022
BETWEEN:
Siemens Healthcare Pvt. Ltd.                                     .....Applicant.
And

Government of Uttarakhand & another                              ....Respondents.

Counsel for the Applicant : Mr. Rajat Mittal, learned counsel.

Counsel for the Respondent No.1 : Mr. B.S. Parihar, learned Standing Counsel.

Counsel for the Respondent No.2 : Mr. G.S. Negi, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

This application has been preferred by the applicant

under Section 11(6) of the Arbitration and Conciliation Act,

1996, to seek appointment of the sole Arbitrator to decide the

disputes between the parties in terms of the Arbitration

Agreement contained in the Tripartite Agreement entered into

between the State of Uttarakhand; Hans Foundation, and;

Siemens Healthcare Pvt. Ltd.

2. Under the scope of the said agreement, the

equipment covered by the said agreement was to be

repaired/ rectified as and when the same was reported to be

out of order. The obligation to carry out the said repair/

rectification was of the applicant. Disputes and differences

arose between the parties under clause 11 of the agreement.

The parties have agreed to mutually resolve their disputes

through an Arbitral Tribunal.

3. The applicant invoked the arbitration agreement,

and raised its claims vide notice dated 27.01.2022 addressed

to other two parties. Despite the invocation of the arbitration

agreement, the respondents did not agree to the constitution

of the Arbitral Tribunal, and consequently, the present

application has been preferred.

4. Reply has been filed on behalf of respondent no.1.

There is no dispute about the existence of the agreement, as

well as the arbitration clause therein. Respondent no.2 adopts

the reply of respondent no.1.

5. The parties are agreeable that a sole Arbitrator be

appointed to adjudicate the disputes/ claims between the

parties.

6. Consequently, I allow the present application.

7. Since the parties are agreeable to the arbitration be

held at Delhi, I appoint Mr. Justice G. S. Sistani, Retd. Judge,

Delhi High Court (Mobile No.9871300034), to act as the sole

Arbitrator to adjudicate the disputes between the parties,

under the aforesaid Agreement.

(VIPIN SANGHI, C.J.)

Dated: 11th November, 2022 NISHANT