High Court · 2025

Mr. Adit ya Prat ap Singh, counsel. learned Counsel for t he r espondent Up o n h e a r i n g t h e m a d e t h e f o l l o w i n g : None. l e a r n e d Co u n se l , t h e Co u r t JUD GM EN T : The m at t er was list ed yest erday and is re- list ed t oday. There is no represent at ion on behalf of t he respondent .

2. Learned counsel t he applicant would subm it t hat t he case has a hist ory; t hat earlier an Arbit rat or cam e t o be appoint ed and as t he Arbit rat or, on his own volit ion, changed t he seat of arbit rat ion, t he Arbit rat or was subst it ut ed under provisions of Sect ion 14 of t he Arbit rat ion and Conciliat ion Act , 1996 ( hereinaft er referred t o as “ t he Act ” ) and; t hat t he subsequent Arbit rat or passed an award and t he said award was challenged under Sect ion 34 of t he Act . 1

3. The Com m ercial Court was pleased t o set aside t he order. I n t his background, t he present Applicat ion is m ade.

4. Learned counsel for t he applicant would place reliance on t he provisions of Sect ion 43( 4) of t he Act t o cont end t hat t he Arbit rat or requires t o be appoint ed. He would furt her t ake t his Court t hrough t he legal not ice issued by t he applicant calling for an appoint m ent of an Arbit rat or. The not ice is dat ed

10.04.2024.

5. I n reply t o t he Not ice dat ed 10.04.2024, t he respondent has effect ed a reply on 09.05.2024 and has reit erat ed t heir consent for arbit rat ion, except t o t he ext ent t hat t he Arbit rat or shall be appoint ed by t he respondent and fact , has nam ed Sm t . Seem a Kam boj , Deput y General Manager, Ordnance Fact ory, Chandigarh.

6. Learned counsel t he applicant would subm it t hat t he law, in t his regard, is no m ore res int egra and; t hat t he Hon’ble Apex Court has set t led t he issue in t he case of Pe r k i n s Ea st m a n A r ch i t e ct s D PC v s. H SCC ( I n d i a ) Li m i t e d report ed in ( 2 0 2 0 ) 2 0 SCC 7 6 0 . 2

7. The Hon’ble Apex Court , while deciding t he issue of nam ed arbit rat ors, has been pleased t o hold t hat t he person, who has int erest in t he result or out com e of t he arbit rat ion proceedings, does not have t he power t o m ake appoint m ent of a sole arbit rat or.

8. I n t he inst ant case, t he respondent , definit ely, has int erest in t he result and out com e of t he arbit rat ion proceedings and t hat apart , t he nam ed arbit rat or being an em ployee under t he sam e organizat ion, t he sam e is clearly hit by t he rat io laid down by t he Hon’ble Apex Court in t he case of Pe r k i n s Ea st m a n A r ch i t e ct s D PC ( supra) .

9. The willingness of t he respondent t o have t he disput e resolved by arbit rat ion is also fort hcom ing in t he reply given by him t o t he Not ice dat ed 10.04.2024.

10. I n t hat view of t he m at t er, t he sam e can be const rued as a consent for t he disput e resolut ion by arbit rat ion and in t he light of t he law laid down by t he Hon’ble Apex Court in t he case of Pe r k i n s Ea st m a n A r ch i t e ct s DPC ( supra) , t his Court is of t he considered opinion t hat t he Applicat ion requires t o be allowed and is, accordingly, allowed.

10. This Court , hereby, appoint s Hon’ble Mr. Just ice V.K. Bist , Ret ired Chief Just ice, High Court of 3 Sikkim t o officiat e as an Arbit rat or t o adj udicat e t he disput es t hat have arisen bet ween t he part ies on m erit s, in accordance wit h t he Act .

11. Let a copy of t his order be com m unicat ed t o Hon’ble Mr. Just ice V.K. Bist , form er Chief Just ice of Sikkim High Court .

12. The Arbit rat or shall, in t erm s of Sect ion 11( 8) of t he Act , furnish his disclosure in writ ing t o t he Court wit hin 15 days from t he dat e of receipt of a cert ified copy of t his order. The Arbit rat or shall, in consult at ion wit h t he part ies, t he rem unerat ion and ot her chargeable fees. The Arbit rat or shall endeavour t o hear and pass an Award wit hin t he t im e provided under t he st at ut e.

14. There shall be no order as t o cost s. I n sequel t heret o, all pending Applicat ions st and disposed of. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G. N A REN DA R, C.J. Dt : 10 t h July , 2025 Rat hour PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3ae b1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC61 79B8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR 4