Rajinder Kumar And Others vs M/S Chandigarh Communications And Others

Ravi Malimath, J

The petitioners are before this Court, in this petition under Section 11(6)(5)(4) of the Arbitration and Conciliation Act, 1996 (for short ‘the

Act’), seeking for appointment of an Arbitrator to resolve the dispute that has arisen between the parties.

It is the case of the petitioners that there was an agreement, vide Annexure P-2, between the petitioners and the respondents and accordingly a

contract was entered into between the parties. Certain disputes have arisen thereon. Clause-13 of the agreement provides for appointment of an

Arbitrator.

Under Section 11(6) of the Act, the High Court, while considering any application under Section 11(6) thereof, must confine its examination only to

the existence of an Arbitration agreement. Since the existence of an arbitration agreement has not been disputed by the respondents, this application

must be ordered, and the dispute referred to arbitration.

Having considered the contentions of both sides, Shri D.S. Khenal, District & Sessions Judge (Retd.), Resident of Naya Bazar, Theog, District

Shimla, H.P., is appointed as an Arbitrator after his disclosure in writing is obtained in terms of Section 11(8) of the Act; and only after receipt thereof

shall his appointment, as an Arbitrator, come into force.

On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Shri D.S. Khenal, District & Sessions Judge (Retd.), shall enter

into reference, and shall pass an award in accordance with law. The learned Arbitrator shall fix his fees in consultation with both the parties.

The arbitration petition is disposed off accordingly. Pending miscellaneous application is also disposed off.