M/s Ancient Infra-Tech Pvt. Ltd vs Union Of India

L. Narayana Swamy, CJ

By way of the instant petition, the petitioner­ firm, to whom the work of construction of 'Other Than Married accommodation' at Jutogh Cantt., Tehsil and District Shimla, was awarded in the year 2008, seeks a direction for appointment of fresh Arbitrator for resolving the dispute between the petitioner and the respondent, on the ground that the first Arbitrator appointed by the respondent has resigned as Arbitrator in the case.

The stand of the respondent is that in terms of Clause 7 (b) of the Contract entered into between the parties, only a serving officer having degree in Engineering or equivalent or having passed final/direct final examination of Sub Division­II of Institution of Surveyors (India), New Delhi recognized by Government of India can only be appointed as a sole Arbitrator.

I have heard learned counsel for both the parties and perused the record.

It is not in dispute that earlier an Arbitrator was appointed in the year 2016, to settle the dispute between the parties, who has refused to act as such in the year 2018. Therefore, this petition is allowed and with the consent of learned counsel for both the parties, Mr. Satish Sagar, Chief Engineer, Office of the Panel of Arbitrators, Madhumati Marg, Western Command Complex, Chandi Mandir, Haryana, is appointed as Arbitrator. Since the matter pertains to the year 2008, it is expected that the learned Arbitrator shall complete the proceedings within a period of six months. Parties are directed to appear before the learned Arbitrator on 5th October, 2020.

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 forthwith enabling him to take steps for commencement of the arbitration proceedings within stipulated period.

The petition is disposed of accordingly.

Copy dasti.