Dharam Singh Rana vs State Of Himachal Pradesh And Others

Mohammad Rafiq, CJ

The petitioner is before this Court in this petition under Section 14(1) (a) read with Section 15 of the Arbitration and Conciliation Act, 1996, and Clause (2) of the Appointment of Arbitrator by Chief Justice of High Court of Himachal Pradesh Scheme, 2006 (for short ‘the Act’), seeking for appointment of an Arbitrator to resolve the dispute that has arisen between the parties.

The learned counsel appearing for the petitioner submits that mandate of the Sole Arbitrator Shri K.S. Chandel, District & Sessions Judge (Retd.), appointed by this Court, vide order dated 06.08.2021, passed in Arbitration Case No.49 of 2020, titled as Dharam Singh Rana, Govt. Contractor Versus State of Himachal Pradesh and others, be terminated, as he Dharam Singh Rana, Govt. Contractor Versus State of Himachal Pradesh and others has not so far entered into arbitral proceedings.

This Court by order dated 11.03.2022, required the learned Additional Advocate General to find out from the said Arbitrator as to why the learned Arbitrator has not yet entered into the reference. The learned Additional Advocate General submits that on contacting the said Arbitrator, he has expressed his inability to enter into the arbitral proceedings and, therefore, any other Arbitrator may be appointed.

Under these circumstances, Shri M.S. Mandiyal, District and Sessions Judge (Retd.), R/o Lal Lodge, Ganpati Road, Mandi, Himachal Pradesh, is appointed as Sole Arbitrator in place of Shri K.S. Chandel, District & Sessions Judge (Retd.), to arbitrate the dispute between the parties, on the same terms and conditions as mentioned in the order dated 06.08.2021, passed by this Court.

Copy of this order be forwarded to the learned counsel for the parties, as also to the newly appointed Arbitrator. The Arbitrator so appointed shall be entitled to fee as per 4th Schedule appended to the Arbitration and Dharam Singh Rana, Govt. Contractor Versus State of Himachal Pradesh and others Conciliation Act, 1996. The Arbitrator shall enter into the arbitration after his disclosure in writing in terms of Section 11(8) of the Act.

The arbitration petition is disposed of accordingly, so also pending miscellaneous application(s), if any. .