ARBAP/49/2023
2023 Latest Caselaw 2203 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

      THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

           ARBITRATION APPLICATION NO. 49 OF 2023

                        11TH AUGUST, 2023

Between:

Kunwar Pal Singh                             ...... Applicant/Petitioner

and

Chief Engineer and Head of
Department, Irrigation
Department and others                        ......        Respondents



Counsel for the applicant      :     Mr. Pankaj Kumar         Sharma,
                                     learned counsel

Counsel for the respondents    :     Mr. J.C. Pande, learned Standing
                                     Counsel with Ms. Puja Banga,
                                     learned Brief Holder



The Court made the following:

JUDGMENT:

The applicant has preferred the present

arbitration application under Section 11(6) of the

Arbitration and Conciliation Act, to seek the appointment

of a sole Arbitrator to adjudicate the disputes, which

have arisen between the parties, out of their agreement

dated 08.09.2016, under which the applicant was

granted the contract to perform various work for the

Irrigation Department.

2) The case of the applicant is that the

agreement contains an arbitration clause which states

that - every dispute, difference or question which may at

any time arise, during the continuance of the agreement,

or after its termination, shall be referred to the

arbitration of the Executive Engineer, whose decision

shall be final and binding on the parties.

3) The applicant invoked the arbitration

agreement on 13.02.2023, after having approached this

Court in Writ Petition (M/S) No. 310 of 2023. That writ

petition was disposed of by the Court observing that the

applicant has remedy of arbitration under the contract.

Despite invocation of the arbitration agreement by the

applicant, no arbitrator had been appointed by the

parties, and consequently, this application has been

preferred.

4) In the light of the aforesaid position, no reply

is really called for in the matter, since this Court has

already examined the agreement, and found, that an

arbitration agreement exists in the contract between the

parties, which has subsequently been invoked by the

applicant.

5) Accordingly, I allow this arbitration application,

and appoint Mr. B.R. Kedia, Retired District Judge, Delhi,

Mobile No. 9910384682, to act as a sole Arbitrator to

adjudicate the disputes between the parties, arising out

of their aforesaid agreement.

6) The proceedings shall be conducted, as far as

possible, virtually, since the parties are situated in

Uttarakhand, and may be held physically in Delhi, only

with the consent of parties.

________________ VIPIN SANGHI, C.J.

Dt: 11th AUGUST, 2023 Negi