Suresh Kumar Tyagi ...... Applicant/ vs Secretary
2024 Latest Caselaw 91 UK

Uttarakhand High Court

Suresh Kumar Tyagi ...... Applicant/ vs Secretary on 16 February, 2024

    IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

         HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI

           ARBITRATION APPLICATION NO. 73 OF 2023


                      16TH FEBRUARY, 2024



Suresh Kumar Tyagi                     ...... Applicant/Petitioner

Versus


Secretary, District Level
Development Authority & another         ......      Respondents



Counsel for the applicant     :   Ms. Seema Sah, learned counsel

Counsel for the respondents   :   Ms. Abhilasha Tomar, learned
                                  counsel holding brief of Mr.
                                  Sandeep     Kothari,  learned
                                  counsel

The Court made the following:


JUDGMENT:

Counsel for the applicant / petitioner states

that clause 31, at page 52 (Annexure-2), is part of

contract agreement between the parties which stipulates

that in case of any dispute arising between the parties,

which has not been settled amicable, any party can refer

the dispute for arbitration under the Arbitration and

Conciliation Act, 1996.

2) This arbitration petition is of the year 2023.

No reply / counter-affidavit has been filed till date.

3) Learned counsel for the respondents do not

dispute the factum of the applicant being awarded the

contract in question, as also the factum of the arbitration

agreement contained in the contract agreement. It is

also not disputed that disputes have arisen between the

parties which are referable to Arbitrator.

4) Keeping in view this fact, I proceed to appoint

Mr. Justice V.K. Bist, (Retd.) Chief Justice, Sikkim High

Court as the sole Arbitrator to adjudicate the disputes

which have arisen between the parties under the

aforesaid agreement.

5) The Arbitration application stands disposed of

accordingly.

______________ RITU BAHRI, C.J.

Dt: 16th FEBRUARY, 2024 Negi