High CourtsSingle Bench(2021) 09 OHC CK 0017

J.K. Agarwala vs General Manager, East Coast Railway And Another

Orissa High Court · Decided on 3 September 2021

HON’BLE JUDGES
Dr. S. Muralidhar, CJ
RESULT
Disposed Of
CASE NUMBER
ARBP No. 40 Of 2018

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 205 words

I.A. No.59 of 2019

1.

For the reasons stated therein, the application is allowed.

2.

Originally the arbitration petition was filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 ('Act') by the Petitioner seeking appointment of an Arbitrator to adjudicate the disputes between the Petitioner and the Opposite Parties arising out of the agreement dated 21st January, 1999 in which the Petitioner was assigned for "Execution of Balance Minor Bridges, ROB (CH.83193), RUB (Ch.88580) and other miscellaneous works in Section VIII SB I between Km. 81.00 & KM 90.00 of DKB Rail Link Project".

3.

Since the earlier Arbitrator has declined to conduct the proceeding, now the parties are in this Court seeking appointment of substitute Arbitrator.

4.

Having heard learned counsel for the parties and with their consent, the Court appoints Shri Milan Kanungo, Senior Advocate of this Court as the sole Arbitrator to adjudicate the disputes between the parties. The arbitration shall take place under the aegis of the High Court of Orissa Arbitration and Mediation Centre.

5.

The arbitration petition is disposed of accordingly. A copy of this order be communicated to the learned Arbitrator forthwith.

6.

An urgent certified copy of this order be issued as per rules.