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M/s Himachal Techno Engineers and Shri Vijay Chauhan Sole Proprietor M/s Himachal Techno Engineers Anu near Degree College, Hamirpur vs State of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 28 June 2012 · Citation: (2012) 06 SHI CK 0155

HON’BLE JUDGES
Kuldip Singh, J
ACTS & SECTIONS REFERRED
Arbitration and Conciliation Act, 1996 — Section 11(6)
CASE NUMBER
Arbitration Case No. 84 of 2011
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Judgment

4 paragraphs · 322 words

Kuldip Singh, Judge

1.

This is a petition u/s 11(6) of the Arbitration and Conciliation Act, 1996 (for short ''Act'') for appointment of an Arbitrator. The case of the petitioners is that the work was awarded to the petitioners vide award letter dated 28.5.2005. There is an agreement between the parties. The Clause 25 of the agreement provides for appointment of an Arbitrator in case of dispute. The Arbitrator is to be nominated and appointed by the Chief Engineer, Hamirpur Zone HPPWD, Hamirpur.

2.

The petitioners had executed the work but the payments were not made to the petitioners. The petitioners have claimed Rs. 3,48,255/- on account of 10 CC, for extra items Rs. 10,00,000/- tentatively, cash security Rs. 87,626/-, interest at the rate of 18% and costs of the Arbitration. The petitioners had issued notice dated 30.1.2011 to the Chief Engineer, Hamirpur Zone, HPPWD, Hamirpur for appointment of an Arbitrator. The Chief Engineer did not respond nor any Arbitrator has been appointed for resolving the dispute. The submission has been made for appointment of an Arbitrator.

3.

The reply has been filed and respondents have disputed the claim. The respondents have not stated regarding the notice which petitioners had sent to Chief Engineer, Hamirpur Zone, HPPWD, Hamirpur. The Clause 25 of the agreement has not been denied. There is thus a dispute between the parties, but as per Clause 25 of the agreement an Arbitrator has not been appointed by the Chief Engineer, Hamirpur Zone, HPPWD, Hamirpur. In these circumstances, the petition is allowed. The learned counsel for the parties have jointly stated that Mr. B.S. Parmar, Dhara Kothi, House No. 202/10, Mohalla Thanera, Mandi, H.P. may be appointed as an Arbitrator for resolving the dispute between the parties. Accordingly, Mr. B.S. Parmar is appointed as an Arbitrator to adjudicate the dispute between the parties in accordance with the agreement and law by making reasoned award. The petition stands disposed of.