Pradeep Thapa ...... Applicant/ vs State Of Uttarakhand & Another
2024 Latest Caselaw 862 UK

Uttarakhand High Court

Pradeep Thapa ...... Applicant/ vs State Of Uttarakhand & Another on 3 May, 2024

    IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

           HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI


             ARBITRATION APPLICATION NO. 10 OF 2024


                            3RD MAY, 2024


Pradeep Thapa                            ...... Applicant/Petitioner

Versus


State of Uttarakhand & another          ......         Respondents


Counsel for the applicant     :    Mr. Prabhat    Bohra,   learned
                                   counsel

Counsel for the respondents   :    Ms. Rajni Supyal Latwal, learned
                                   Brief Holder for the State



The Court made the following:


JUDGMENT:

Counsel for the State is not disputing clause-

19 of the contract at page 30 of the paper book. A

perusal of this clause shows that when a difference arose

between Executive Engineer and the contractor, it will be

first referred to the Superintending Engineer, and if the

contractor does not accept that decision within 14 days,

he will give a notice in writing. The dispute shall be

referred through any arbitrator agreed upon by both the

parties.

2) Counsel for the petitioner refers to a letter

dated 17.11.2023, at page 26 of the paper book, and

other letters dated 26.09.2023 and 29.01.2024 (at

pages 24 and 27, respectively, of the paper book) which

he had sent to the Superintending Engineer, but no

response has been received.

3) Since no response was given by the

Superintending Engineer, this court proceeds to appoint

an independent arbitrator. Let the seat of arbitration be

at Nainital.

4) Accordingly, I appoint Mr. Justice J.C.S.

Rawat, (Retd.) Judge, High Court of Uttarakhand, to act

as an Arbitrator to adjudicate the disputes which have

arisen between the parties under the aforesaid contract

agreement.

5) The Arbitration Application is, accordingly,

allowed.

______________ RITU BAHRI, C.J.

Dt: 3RD MAY, 2024 Negi