High CourtsSingle Bench

Yudhbir Singh Rajput vs State Of H.P And Another

High Court Of Himachal Pradesh · Decided on 25 September 2020 · Citation: (2020) 09 SHI CK 0396

HON’BLE JUDGES
L. Narayana Swamy, CJ
ACTS & SECTIONS REFERRED
Arbitration And Conciliation Act, 1996 — Section 11(6), 23, 29A
RESULT
Disposed Of
CASE NUMBER
Arbitration Case No. 22 Of 2020
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Judgment

6 paragraphs · 268 words

L. Narayana Swamy , CJ

1.

In this petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996, the petitioner, who is a Class-A contractor and to whom the work of construction of Bakani to Kalwara road Km.0/0 to 8/0 under Bharat Nirman (SH Site clearance, Formation cutting, Retaining wall, cross Drain, Prapets and sign Boards) Package No.HP 02-89 was awarded 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 the reply. Learned counsel for the parities have agreed to appoint a sole Arbitrator in order to resolve the dispute between the parties.

3.

In view of the above, I deem it proper to appoint Mr.B.R. Chandel (retired District and Sessions Judge) as an Arbitrator. Aforesaid Arbitrator 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.