23Rd April vs M/S Uttarakhand Power Corporation
2025 Latest Caselaw 3836 UK

Uttarakhand High Court

23Rd April vs M/S Uttarakhand Power Corporation on 23 April, 2025

                                                       2025:UHC:2962

   IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL


         HON'BLE THE CHIEF JUSTICE MR. G. NARENDAR


            ARBITRATION APPLICATION NO. 18 OF 2025


                            23RD APRIL, 2025




Bhagwan Singh Pundir                       ...... Applicant/Petitioner


Versus


M/s Uttarakhand Power Corporation
Limited and another                        ......          Respondents




Counsel for the applicant      :       Mr. Pavan Kumar Nath, learned
                                       counsel

Counsel for the respondents    :       Ms. Abhilasha    Tomar,   learned
                                       counsel


The Court made the following:


JUDGMENT:

The counsels submit that earlier the arbitrator

was the Managing Director of the respondent company,

and in view of the ruling of the Hon'ble Apex Court in TRF

Limited Vs Energo Engineering Projects Limited,

reported in (2017) 8 SCC 377, the arbitration proceedings

were aborted and, hence, the instant application.

2025:UHC:2962

2) The counsel for the respondents submits that the

claim is for a sum of Rs.21,96,134/-, and that they have

no objection for appointment of an arbitrator.

3) Counsel for the respondents suggests the name of

Mr. K.D. Bhatt, Retd. District Judge, having residence at

H.No. 297, Lane No. 5, Madhur Vihar, Ajabpur, Dehradun.

4) The counsel for the applicant also consents to the

proposal by the respondents.

5) In that view of the matter, Mr. K.D. Bhatt, Retired

District Judge, is hereby appointed to act as an

Arbitrator and arbitrate the disputes that have arisen

between the parties, and the claim of Rs.21,96,134/-.

6) The arbitration application stands allowed in the

above terms.

7) The Arbitrator shall, in terms of Section 11(8) of

the Act, furnish his disclosure in writing to the Court

within 15 days from the date of receipt of a certified

copy of this order.

8) It is open for the parties to determine the rules and

procedure of arbitration and the place of arbitration in

consultation with the Arbitrator in terms of Sections 19

2025:UHC:2962 and 20 of the Act. The Arbitrator shall, in consultation

with the parties, fix the remuneration and other

chargeable fees. The Arbitrator shall endeavour to hear

and pass an Award within the time provided under the

statute.

_______________ G. NARENDAR, C.J.

Dt: 23RD APRIL, 2025 Negi

HIMANS DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aa f116e73351fdaf6878326386908a7f90d575

HU NEGI 7, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC5 1A722A6BC552D470EB4FD2F88DDF7C18 DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.04.29 11:49:31 +05'30'