High Court of Himachal Pradesh Shimla · 2012

The Managing Director, H.P. State Agriculture, Marketing Board, Khalini, Shimla-171002. The Executive Engineer, H.P. Marketing Board, Khalini, Shimla-171002. State Agriculture (cid:133)..Respondents. _________________________________________________________________ Request for the appointment of arbitrator under Section 11(6) of Arbitration and Conciliation Act, 1996. Coram

The Hon(cid:146)ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?1 For the Petitioner: Mr. T.R. Sharma, Advocate. For Respondents: Mr. Sanjeev Sharma, Advocate. __________________________________________________________________ Surinder Singh, Judge (oral): The present petition has been preferred under Section 11(6) of Arbitration and Conciliation Act, 1996, hereinafter referred to be as (cid:145)the Act(cid:146), for __________________________________________ Whether reporters of the local papers may be al l owed t o see the judgment? - 2 - the appointment of an Arbitrator. The Hon(cid:146)ble the Chief Justice has assigned this matter to this Court for its disposal in accordance with law.

2. The petitioner registered A-class contractor with the Public Works Department of the State, and is running the Firm in the name of (cid:147)M/s P.K. Construction Company(cid:148). It is stated that during the course of his business dealing, he was awarded work of construction of regulated sub-yard at Khara- Pathar, District Shimla, H.P. (SH: auction platform and shops etc.) The parties entered into an arbitration agreement vide Arbitration No.853 of 2009.

Clause 25 of the said agreement provides for the settlement of disputes by arbitration and it also provides for the appointment of a sole Arbitrator by Engineer-in-Chief or the Chief Engineer.

Since the petitioner has raised arbitration dispute as mentioned in para-6 of this petition, with the respondents, therefore, the petitioner served a legal notice dated 5.10.2011, for appointing an Arbitrator within 30 days, but it turned deaf ears, hence the present petition, giving a brief statement of the case describing its general nature as well as - 3 -

dispute inter se. The issue involves the approximate value of the dispute, in broad terms and the date the cause of action accrued application, the material facts/ particulars requisite for obtaining the relief(s), the petition is duly supported by all the relevant documents to this effect including a copy of arbitration agreement, award letter, copy of the notice served upon first respondent and the statement of the claims etc. Notice of this petition was given to the respondents. They have no objection in appointing an Arbitrator to adjudicate for the claim of the parties. The matter has been considered and I am satisfied the present petition satisfies conditions laid down under Section 11(6) of the Act for the exercise of the powers. The Court has also jurisdiction to entertain the request. The agreement aforesaid is valid in terms of Section 7 of the Act. The claim of the petitioner prima-facie is neither time barred nor a dead claim. The matter is of a technical nature and involves civil engineering work, therefore, considering request aforesaid, I - 4 - hereby appoint Shri Amar Singh Chauhan, Chief Engineer (Retired), presently resident of Amar Villa, Near Shanti Kuteer, Chakker, Shimla, as a sole Arbitrator to adjudicate upon the claim(s) of the parties, for which none of them have any objection. Let a copy of this order be sent to the Arbitrator aforesaid. Registry to take appropriate steps. The parties shall be present on the date to be communicated by the sole Arbitrator aforesaid before him on the receipt of the present reference and the parties shall file their respective claims. The Arbitrator is at liberty to charge the reasonable fee and secretarial expenses as per norms to be borne by the parties in equal proportion.