6Th September vs Chief Engineer
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Uttarakhand High Court

6Th September vs Chief Engineer on 6 September, 2024

                                                    2024:UHC:6496


           HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI


             ARBITRATION APPLICATION NO. 31 OF 2024



                       6TH SEPTEMBER, 2024



Shikhar Infrastructure                    ...... Applicant/Petitioner


Versus


Chief Engineer, Public Works
Department, Almora & another               ......          Respondents



Counsel for the applicant     :     Mr. Nikhil Bhatt, learned cou nsel

Counsel for the respondents   :     Mr. B.S. Parihar, learned Standing
                                    Counsel for the State



The Court made the following:


JUDGMENT:

Counsel for the State is not disputing the terms

of the contract (Annexure-1), hence, there is no need to

file the counter-affidavit as the contract is with the Pubic

Works Department.

2) Clause 31.3 of the General Conditions of

Contract, at page 54 of the paper-book, stipulates that in

case of any dispute between the parties, the same can be

referred before the arbitrator as per provisions of

Arbitration and Conciliation Act, 1996.

2024:UHC:6496

- 2 -

3) Both the parties jointly agree that the seat of

arbitration can be Nainital, as the contract was executed

at Pithoragarh, and the amount involved is rupees seventy

one lakhs.

4) Keeping in view this fact, this Court proceeds to

appoint Mr. Justice J.C.S. Rawat, (Retd.) Judge, High

Court of Uttarakhand, as an Arbitrator in this case to

adjudicate the disputes which have arisen between the

parties under the contract agreement.

5) The Arbitration application stands disposed of

accordingly. Consent may be sought from the Arbitrator

under Section 11(8) of the Arbitration and Conciliation

Act.

______________ RITU BAHRI, C.J.

Dt: 6TH SEPTEMBER, 2024 Negi

HIMA

NSHU 2.5.4.20=bb3b60774012c1ef1da e20d13aaf116e73351fdaf687832 6386908a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A8

NEGI 0990FC51A722A6BC552D470EB4 FD2F88DDF7C18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2024.09.10 10:35:40 +05'30'