Drake And Scull Water And Energy Pvt. Ltd vs Power Transmission Corporation Of ...
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Uttarakhand High Court

Drake And Scull Water And Energy Pvt. Ltd vs Power Transmission Corporation Of ... on 15 March, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
           HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                            15th MARCH, 2024

   ARBITRATION APPLICATION No.57 OF 2023
Drake and Scull Water and Energy Pvt. Ltd. ...Applicant
                        Versus

Power Transmission Corporation of Uttarakhand Ltd.

                                                           ...Respondent

Counsel for the applicant             :   Mr. Gaurav Gupta, learned counsel
                                          through video conferencing.

Counsel for respondent                :   Mr. Vinay Kumar, learned counsel.


JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

In the present case, pursuant to the order dated 29.09.2023, the Arbitrator had been appointed, and thereafter the Arbitrator has given his consent also vide letter dated 19.10.2023.

2. The only grievance of the respondent is that the application for appointment of the Arbitrator has been made by one partner, and the agreement was with the joint venture, and the second partner has not made this application. Along with the application they have also placed on record the letter, whereby, the second partner of the joint venture says that he is not interested in litigation.

3. Counsel for the petitioner has put in appearance and states that there was a joint venture agreement and the petitioner has signed all the contracts and had executed all the proceedings on behalf of the joint venture. He further states that the second partner has already given his consent that he does not wish to go into any litigation, and the entire contract has been executed by the petitioner. In any case, the question with respect to whether the second partner in the joint venture was necessary, or not, will be looked into by the Arbitrator, who has already given his consent.

4. This application is disposed of and the respondent can raise this question before the Arbitrator.

______________ RITU BAHRI, C.J.

Dt:15th March, 2024 NR/