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Judgment
Ravi Malimath, J
The petitioner is before this Court in this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’),
seeking for appointment of an Arbitrator to resolve the dispute that has arisen between the parties.
It is the case of the petitioner that there was an agreement, vide Annexure P-2, between the petitioner and the respondents and accordingly a
contract was entered into between the parties. Certain disputes have arisen thereon. Clause-25 of the Agreement provides for appointment of an
Arbitrator.
Under Section 11(6) of the Act, the High Court, while considering any application under Section 11(6) thereof, must confine its examination only to
the existence of an Arbitration agreement. Since the existence of an arbitration agreement has not been disputed by the respondents, this application
must be ordered, and the dispute referred to arbitration.
Having considered the contentions of both sides, Sh. K.S. Chandel, District and Sessions Judge (Retired), resident of Village Narola (Dhurkhari),
Tehsil Baldwara (Sarkaghat), District Mandi (H.P.), is appointed as an Arbitrator 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, Sh. K.S. Chandel, District and Sessions Judge (Retired), resident
of Village Narola (Dhurkhari), Tehsil Baldwara (Sarkaghat), District Mandi (H.P.), shall enter into reference, and shall pass an award in accordance
with law. The learned Arbitrator shall fix his fees in consultation with both the parties.
The arbitration petition is disposed off accordingly.