Puran Chand Ramola vs Engineer In Chief
2024 Latest Caselaw 784 UK

Uttarakhand High Court

Puran Chand Ramola vs Engineer In Chief on 26 April, 2024

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                     HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI

                 ARBITRATION PETITION NO. 69 OF 2023
                              26TH APRIL, 2024
Puran Chand Ramola                                              .....Petitioner.
                                       Versus

Engineer in Chief, Public Works Department

                                                                ....Respondent.

Counsel for the Petitioner                 :       Mr. Shubhang Dobhal, learned
                                                   counsel.

Counsel for the Respondent                 :       Ms. Rajni Supyal, learned Brief
                                                   Holder.

The Court made the following:

JUDGMENT:

(per Hon'ble The Chief Justice Ms. Ritu Bahri)

Petitioner is seeking appointment of an Arbitrator

as per Clause 31.3 in the contract (at Page No.23 of the

paper-book).

2. Respondents have filed their counter-affidavit dated

11.01.2024. In Paragraph No.11 of the counter-affidavit, the

plea taken is that the application of the petitioner for

appointment is an Arbitrator is time barred. They are not

disputing the condition of arbitration in the contract.

3. Since the clause of arbitration has been admitted

by the respondents, the question of delay will be considered

by the Arbitrator when the matter is referred to the

Arbitrator. The seat of Arbitration is at Dehradun, and the

amount involved is about Rs.6.00 Lakhs.

4. As per Clause 31.3 (at Page No.23 of the paper-

book), if the claim of amount in dispute is not over Rs.75.00

Lakhs, then the Superintending Engineer of Public Works

Department, Uttarakhand will be appointed as an Arbitrator.

5. This petition is being disposed of by giving a

direction to the respondents to appoint the Superintending

Engineer, Public Works Department, Uttarakhand, as an

Arbitrator, as the seat of Arbitration will be at Dehradun, and

the necessary exercise will be done within three weeks.

6. The arbitration petition is disposed of accordingly.

7. Pending application, if any, also stands disposed of.

(RITU BAHRI, C.J.)

Dated: 26th April, 2024 NISHANT