Brijesh Kharbanda vs Mukesh Sharma

M.S. Ramachandra Rao, CJ

This Application has been filed by the applicant under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to resolve the dispute between the parties arising out of Partnership Agreement Annexure P-1, dt. 09.12.2019.

Clause 22 of the said Agreement contains the Arbitration Clause.

The applicant got issued a legal notice to the respondent on 14.06.2023 invoking the said Arbitration Clause and demanding a sum of Rs. 1.35 crores with interest at the rate of 12% per annum, and proposing the name of a Senior Advocate as an Arbitrator, to which a reply has been given by the respondent, denying the liability and also proposing the name of a retired District and Sessions Judge, as an Arbitrator.

In this Arbitration Application, though notice has been issued to the respondent and it has been served, till date there is no representation on behalf of the respondent.

In view of the above facts and circumstances of the case, this Application is allowed and Mr. R.K. Chaudhary, retired District and Sessions Judge, is appointed as an Arbitrator to resolve the dispute between the parties, after his disclosure in writing is obtained in terms of Section 11(8) of the Act, and only after receipt thereof, shall his appointment, as an Arbitrator, come into force.

On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Shri R.K. Chaudhary, retired District and Sessions Judge, R/o Dayal Niwas, Village Dari, Dharamshala-176057 shall enter into reference, and shall pass an award in accordance with law.

Copy of this order be forwarded to the learned Counsel for the parties as also to the learned Arbitrator. The learned Arbitrator so appointed shall be entitled to fee as per stipulation contained in 4th Schedule appended to the Arbitration and Conciliation Act, 1996.

The application is disposed of accordingly alongwith pending application(s), if any.