ARBAP/37/2022
2022 Latest Caselaw 2999 UK

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI


       ARBITRATION APPLICATION NO. 37 OF 2022

                          16TH SEPTEMBER, 2022

BETWEEN:

M/s B.C.H. Electric Limited                                    .....Applicant.
And

Unit Head, Bharat Heavy Electricals Ltd.                         ....Respondent.

Counsel for the Applicant : Mr. Suhaas Ratan Joshi, learned counsel.

Counsel for the Respondent                  :      Mr. B.P. Nautiyal, learned Senior
                                                   Counsel    assisted     by    Mr.
                                                   Manokam      Nautiyal,    learned
                                                   counsel.

The Court made the following:

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

The applicant has preferred the present Application,

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

1996, to seek appointment of a sole Arbitrator in terms of

clause 18 of the agreement entered into between the parties,

which is contained in the purchase order dated 08.06.2017,

to adjudicate the disputes, which have arisen between the

parties in terms of the agreement.

2. The respondent does not dispute the fact that the

parties entered into an agreement, as contained in the

purchase order, which contains an arbitration agreement. The

respondent also does not dispute the fact that the applicant

has raised disputes. However, the case of the respondent is

that the disputes/claims raised by the applicant are not

arbitrable.

3. This objection squarely falls for consideration by

the Arbitrator, and the said dispute cannot be determined in

these proceedings.

4. In the light of the aforesaid and considering the

fact that the applicant invoked the arbitration agreement as

early as on 31.05.2022, and despite the said invocation, the

Arbitral Tribunal has not been constituted, I allow the present

application.

5. Learned counsels state that looking to the quantum

and the nature of claim, a practicing advocate may be

appointed as an Arbitrator.

6. Accordingly, I appoint Mr. Abhijay Negi, Advocate,

R/o 99 Dangwal Road, Neshvilla Road, Dehradun (Mobile

No.9680007198), to act as a sole Arbitrator to adjudicate all

claims/ counter-claims and dispute between the parties,

under the aforesaid Agreement.

(VIPIN SANGHI, C.J.)

Dated: 16th September, 2022 NISHANT