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High CourtsSingle Bench(2018) 05 UK CK 0116

MS RAVINDRA KUMAR GUPTA AND SONS vs UNION OF INDIA AND OTHERS

Uttarakhand High Court · Decided on 24 May 2018

HON’BLE JUDGES
SUDHANSHU DHULIA, J
RESULT
Disposed Of
CASE NUMBER
Arbitration Application No. 09 of 2016
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Judgment

19 paragraphs · 323 words

Sudhanshu Dhulia, J

1.

This arbitration application has been filed by the applicant under Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appointment of an

Arbitrator.

2.

Applicant and respondent no. 2 entered into a contract on 19.12.2014 for “provision of OTM Accommodation (other than Married

Accommodation) (Phase-II) at Lansdowne. Now certain disputes have arisen between the parties with regard to final payment. Consequently, the

applicant sent notices to respondent no. 2 for appointment of an arbitrator, but respondent no. 2 failed to appoint an arbitrator in the matter. Hence, the

applicant has approached this Court for appointment of an arbitrator.

3.

The only objection raised by the respondents is that negotiations are going on between the parties. Learned counsel for the applicant denies this

submission of the learned counsel for the respondents.Â

4.

Admittedly, the contract has an arbitration clause, which is admitted by both the parties. Since, it would be in the best interest of both the parties

that an arbitrator be appointed from the panel of arbitrators of MES, on the last occasion, parties were directed to suggest a name. The name which

has been suggested by the applicant is of Sri S.K. Gupta, Panel of Arbitrators,

Chandigarh, G.E. Chandimandir Complex, Chandimandir, to which the learned counsel can have no objection as Sri S.K. Gupta is from their panel of

Arbitrators.Â

4.

In view thereof, Sri S.K. Gupta, who is in the panel of Arbitrators of MES and stationed at Chandigarh is appointed as sole arbitrator to adjudicate

the dispute, which shall be subject to declaration of the prospective Arbitrator under the amended provisions of Section 11(8) read with Section 12 of

the Arbitration and Conciliation Act, 1996 as regarding his independence and disclosure, if any, of any fact which may give cause to anyone as

regarding his independence and impartiality in the matter, which is now the requirement of law.

5.

Arbitration petition stands disposed accordingly.Â