AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 370 wordsVipin Sanghi, CJ
Respondent No. 1 has been served through Publication. An Affidavit of Service has been filed. Despite service through publication, none appears for respondent No. 1. Accordingly, I proceed to dispose of the present Application.
The present Application has been preferred by the applicant under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a Sole Arbitrator.
Respondent No. 1 issued a Work Order in favour of the applicant for execution of the work relating to “Slope stabilization work using shotcreting with wiremesh work At 765 KV GIS Koteshwar Substation Project”. Clause 8.0 of the Work Order contains an Arbitration Agreement between the parties, which provides that all disputes arising under the Contract shall be referred to the sole arbitration of a person who shall be mutually acceptable to both parties or a panel of three persons, one nominated by M/s CPL, i.e. respondent No. 1, one by the Contractor and the third by both the Arbitrators. Respondent No. 2 is the Primary Employer for whom the work was to be executed. Respondent No. 2 is not a party to the Agreement between the applicant and respondent No. 1.
The case of the applicant is that disputes arose between the applicant and respondent No. 1 under the aforesaid Agreement and the Arbitration Agreement was invoked by the applicant on 16.04.2018. However, the parties could not agree upon constitution of an Arbitral Tribunal. Consequently, this Application has been preferred.
From the documents placed on record, it appears that the applicant and respondent No. 1 entered into the contract, which is contained in the Work Order dated 15.05.2017, which also contains an Arbitration Agreement in Clause 8.0.
It is the case of the applicant that the applicant has performed work, in respect whereof disputes have arisen between the parties. The applicant has outstanding 2 claims against respondent No. 1. The applicant has also invoked the Arbitration Agreement but no Arbitral Tribunal has been constituted. Accordingly, I allow this Application and appoint Mr. K.D. Bhatt (retired District Judge), R/o Houses No. 297, Lane No. 5, Madhur Vihar, Ajabpur, Dehradun to act as the sole Arbitrator to redress the disputes between the parties.