M/S Kundan Singh Prem Singh Jamnal vs State Of Uttarakhand And Another
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Uttarakhand High Court

M/S Kundan Singh Prem Singh Jamnal vs State Of Uttarakhand And Another 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.48 OF 2023
M/s Kundan Singh Prem Singh Jamnal ...Applicant
                      Versus

State of Uttarakhand and another                          ...Respondents

Counsel for the applicant           :   Mr. Sagar Kothari, learned counsel.

Counsel for respondent nos.1 and    :   Ms. Rajni Supyal, learned Brief Holder.
2




JUDGMENT :

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

The petitioner is seeking appointment of an Arbitrator as per General Conditions of Contract - Annexure No.2, and one of the conditions of this agreement is with regard to settling the dispute, which is at page no.39 - Clause (31.3).

2. On notice of this petition, the respondents have filed their objection on 11.01.2024. In paragraph 5 of their affidavit, it is stated that the terms of the contract are not being disputed. However, in paragraph 5 of the objections, it is stated that they have deducted an amount of Rs. 1,80,000/- and Rs. 2,45,300/-, i.e. a total amount of Rs. 4,25,300/- has been deducted from the bills. As per the agreement clause, security deposited along with Agreement bearing FDR No. 723095, dated 19.09.2016 amounting to Rs.65,000/- of UCO Bank, Branch, Rishikesh, has been paid to the petitioner. They have also returned the security amount deposited by the FDR of Rs. 65,000, along with the agreement, has also been returned back to the petitioner.

3. Learned counsel for the petitioner states that the amount involved in the present case is only Rs. 5,00,000/-, which is on account of interest of delayed payment, and interest on delayed payment of security amount.

4. Keeping in view the above fact, since the petitioner is a resident of District Dehradun, the arbitration proceedings will be carried out at Dehradun.

5. Accordingly, Shri Balbir Prasad Gupta, retired District Judge, is being appointed as the Arbitrator. Consent be sought from the learned Arbitrator as per Section 11(8) of the Arbitration and Conciliation Act, 1996.

______________ RITU BAHRI, C.J.

Dt:15th March, 2024 NR/