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Judgment
8 paragraphs · 319 wordsVipin Sanghi, CJ
1) The applicant has preferred the present application under Section 11(6) of the Arbitration and Conciliation Act, to seek appointment of a sole Arbitrator to adjudicate the disputes which have arisen between the parties in relation to and under the Contract No. 07-S.E.-Baghe.-2019 dated 23.10.2019, to complete the Ramadi-Kanoli motor-marg in Kapkot constituency of Bageshwar District under State sector chainage (3.500 km. to 8.00 km.) total length 4.500 km.
2) The case of the applicant is that the work had to be completed by 22.01.2021, but due to COVID-19 pandemic, the applicant could not complete the work within time. The respondents terminated the contract on 22.04.2022, and forfeited the security of the applicant while imposing penalty upon the applicant. The applicant is aggrieved by the same and has raised certain disputes which have arisen between the parties under the contract.
3) The agreement between the parties contains the procedure for settlement of disputes, firstly, through an Adjudicator and, if that does not succeed, through an Arbitrator. The relevant clauses of the agreement are Clauses 23 and 24. The applicant sought the appointment of an Adjudicator. The respondents, however, did not appoint an Adjudicator. Consequently, the applicant invoked the arbitration agreement on 12.05.2022. The respondents have, however, not responded to the said notice. Consequently, the applicant has preferred this application.
4) Despite opportunities, no response has been filed by the respondents, and consequently, I proceed to dispose of the arbitration application.
5) The respondents do not dispute the existence of the arbitration agreement between the parties as contained in the contract aforesaid.
6) Aforesaid being the position, I am inclined to allow this Arbitration Application, and accordingly, appoint Mr. Justice Irshad Hussain, (Retd.) Judge, Uttarakhand High Court, to act as a sole Arbitrator to adjudicate the disputes between the parties arising out of the aforesaid agreement.
7) The Arbitration Application stands disposed of in the aforesaid terms.