High CourtsSingle Bench

MS BHARAT BHOOMI BUILDERS vs STATE OF UTTARAKHAND AND OTHERS

Uttarakhand High Court · Decided on 23 May 2018 · Citation: (2018) 05 UK CK 0111

HON’BLE JUDGES
SUDHANSHU DHULIA, J
ACTS & SECTIONS REFERRED
Arbitration and Conciliation Act, 1996 — Section 11(6), 11(8), 12
RESULT
Disposed Of
CASE NUMBER
Arbitration Application No. 15 of 2018

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Judgment

11 paragraphs · 192 words

Sudhanshu Dhulia, J

1.

The petitioner and respondent no.3 entered an agreement on 11.12.2012 for construction of a Steel Girder Bridge, 69 Meters Span, 1.5 lane over

River Pinder at Karanprayag. Admittedly, the agreement has an arbitration clause. Since a dispute arose between the parties, the petitioner has filed

the present arbitration petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator.Â

2.

Learned State Counsel admits the above fact and agrees that Arbitrator be appointed in the present matter to resolve the dispute.

3.

Learned counsels for both the parties have agreed on the name of Justice Mr. Amar Saran, who is the retired Judge of Allahabad High Court to be

the sole arbitrator in the matter.

4.

In view thereof, Justice Mr. Amar Saran, who is the retired Judge of Allahabad High Court is appointed as sole arbitrator to adjudicate the dispute,

which shall be subject to the declaration of the Arbitrator under the provisions of Section 11 (8) read with Section 12 of the Arbitration and

Conciliation Act, 1996 as regarding his independence and disclosure, if any.Â

5.

Arbitration petition stands disposed accordingly.Â