ARBAP/47/2023
2023 Latest Caselaw 2325 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

      THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

           ARBITRATION APPLICATION NO. 47 OF 2023

                        18TH AUGUST, 2023

Between:

M/s Cyborg IT Services (P) Ltd.        ...... Applicant/Petitioner

and

Chandigarh Group of Colleges           ......       Respondent



Counsel for the applicant    :    Mr. Sanpreet Singh    Ajmani,
                                  learned counsel

Counsel for the respondent   :    --


The Court made the following:

JUDGMENT:

The applicant has preferred this arbitration

application, under Section 11(6) of the Arbitration and

Conciliation Act, to seek appointment of an Arbitrator in

terms of the agreement dated 23.02.2022, entered into

between the parties. The arbitration clause is contained

in Clause 42 of the agreement. The applicant issued a

notice dated 26.04.2023, raising its claims against the

respondent, and stating that in case its dues are not

cleared, the applicant shall take appropriate recourse.

Unfortunately, there is no invocation of the arbitration

agreement by the applicant.

2) Aforesaid being the position, I am not inclined

to entertain this application.

3) The arbitration application is, accordingly,

dismissed with liberty to the applicant to invoke the

arbitration agreement expressly, and in the eventuality,

the parties are not able to appoint an Arbitrator, to file

an application afresh.

________________ VIPIN SANGHI, C.J.

Dt: 18th AUGUST, 2023 Negi