M/S P.K. Construction Co. 95-D, Saket, Meerut (U.P) vs Union Of India Through Chief Engineer, Shillong Zone (Mes) Spread Eagle Falls, Shillong-793011. & Ors

H. S. Thangkhiew, J

This application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking appointment of an Arbitrator for adjudication of the disputes between the petitioner and the respondents in accordance with the A&C Act, having due regard to Clause 70 of the IAFW-2249 General Conditions of Contract.

In the course of the proceedings, the parties have agreed that Shri Akhilesh Kumar from the list of empaneled arbitrators to be the sole arbitrator to adjudicate the matter.

In the circumstances, this application is finally disposed of by referring the disputes and differences to the sole arbitrator; and it is hereby ordered as follows: -

i) Shri Akhilesh Kumar is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above.

ii) A copy of this order will be communicated to the learned Sole Arbitrator by the petitioner within a period of 2(two) weeks, from the date of this order, along with contact details and other particulars of the parties to the Arbitral Tribunal alongwith a copy of this order.

iii) The learned Sole Arbitrator is requested to forward the Statutory Statement of Disclosure under Section 11(a) read with Section 12(1) of the A&C Act, 1996 to the advocates for the applicant, so as to enable them to file the same in the Registry of this Court, which shall retain the same in the file of this application, and a copy be furnished by the advocate for the applicant to the respondents.

iv) The parties shall appear before the learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration, including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearing etc.

v) All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance and shall be subject to any final Award that may be passed by the Tribunal in relation to costs.

As ordered above, the instant application accordingly stands disposed of.