Yudhbir Singh Rajput vs Chief Engineeer And Others

Mohammad Rafiq, CJ

The petitioner is before this Court in this petition under Section 11(6) 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 petitioner that there was an agreement, vide Annexure P-1, between the petitioner and the respondents and accordingly a contract was entered into between the parties in respect of the work, that is, “up-gradation of Shivnagar to Lahat Khas road Km. 0/000 to 7/000, construction passing places, retaining walls, missing cross drainage, side drain, parapets, cement concrete, pavements, metalling and tarring, including routine maintenance for five years under RRP-II (World Bank Batch-II) 2018-19, Package No.HP-04-393/2019-20-9095-9104 dated 20.12.2019. Certain disputes have arisen thereon. Clause-25 of Yudhbir Singh Raput Versus The Chief Engineer (Kangra Zone) and another 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 deserves to be allowed and the dispute referred to arbitration.

Having considered the contentions of both sides, Justice Surinder Singh Thakur (Retd.), R/o 627, Amit Apartment, Near The Mall, Opposite Sainik Rest House, Solan, Himachal Pradesh, 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, Justice Surinder Singh Thakur (Retd.), shall enter into reference, and shall pass an award in accordance with law. Copy of this order be Yudhbir Singh Raput Versus The Chief Engineer (Kangra Zone) and another forwarded to the learned counsel for the parties, as also to the learned Arbitrator. The learned Arbitrator so appointed shall be entitled to fee as per 4th Schedule appended to the Arbitration and Conciliation Act, 1996.

The arbitration petition is disposed of accordingly, so also pending miscellaneous application(s), if any.