High CourtsSingle Bench(2020) 08 SHI CK 0376

M/s K G N Technology Ltd vs Himachal Pradesh Horticulture Produce Marketing And Processing Corporation Ltd. & Another

High Court Of Himachal Pradesh · Decided on 28 August 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ
RESULT
Disposed Of
CASE NUMBER
Arbitration Petition No. 28 Of 2020

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Judgment

6 paragraphs · 248 words

L. Narayana Swamy, CJ

1.

In this petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996, the petitioner, which is a Company and to whom the work of supplying Nimbu-Pani in Tetra Packs was assigned by the respondents, seeks a direction for appointment of an Arbitrator for resolving the dispute between the petitioner and the respondents.

2.

Respondents have filed reply. In para 2 of the reply, it is submitted that parties have mutually agreed to appoint a sole Arbitrator in order to resolve the dispute between the parties.

3.

Therefore, I deem it proper to appoint Mr. George, (retired District and Sessions Judge), R/o Pine Cottage, Panthaghati, Shimla-171013, as Arbitrator. He is requested to enter into reference within a period of two weeks from the date of receipt of a copy of this order. It shall be open for the learned Arbitrator to determine his own procedure with the consent of the parties. Otherwise also, entire procedure with regard to fixing of time limit for filing pleadings or passing of Award stands prescribed under Sections 23 and 29A of the Act.

4.

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

5.

The petition is disposed of accordingly.