High CourtsSingle Bench

Bhagat Singh Negi vs State Of H.P. & Others & Another

High Court Of Himachal Pradesh · Decided on 9 October 2020 · Citation: (2020) 10 SHI CK 0078

HON’BLE JUDGES
L. Narayana Swamy, CJ
ACTS & SECTIONS REFERRED
Arbitration And Conciliation Act, 1996 — Section 11(6), 23, 29
RESULT
Disposed Of
CASE NUMBER
Arbitration Case No. 100 Of 2019
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Judgment

5 paragraphs · 255 words

L. Narayana Swamy, CJ

1.

In this petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996, the petitioner, who is a Contractor and to whom the work "C/o Chhitkul Dumti road km 0/0 to 20/750 (alongwith Indo China Border) (SH: Formation Cutting i/c C/o Retaining Wall, Breast Walls, Cross Drainage Work 2 Nos. causeways in km 0/0 to 5/0", was assigned by the respondents- state, seeks a direction for appointment of an Arbitrator for resolving the dispute between the petitioner and the respondents.

2.

With the consent of the learned Counsel for the parties, Mr. L.R. Sharma, District & Sessions Judge (Retired), R/o Flat No. 7, Block-C, Sai Flats, Mehli, Shimla, is appointed as Arbitrator in this case. He is requested to enter into reference within a period of two weeks from the date of receipt of a copy of this order. It shall be open for the learned Arbitrator to determine his own procedure with the consent of the parties. Otherwise also, entire procedure with regard to fixing of time limit for filing pleadings or passing of Award stands prescribed under Sections 23 and 29A of the Act.

3.

Needless to say, award shall be made strictly as per provisions contained in Arbitration and Conciliation Act. A copy of this order shall be made available to the learned Arbitrator named above, by the Registry of this Court within one week enabling him to take steps for commencement of the arbitration proceedings within stipulated period.

4.

The petition is disposed of accordingly.