Uttarakhand High Court
ARBAP/29/2021 of AKHIL BHANDARI Vs STATE OF UTTARAKHAND on 31 December 2021
HIGH COURT OF UTTARAKHAND AT NAINITAL SHRI JUSTICE S.K. MISHRA, A.C.J. ARBITRATION PETITION No. 29 OF 2021 31ST DECEMBER, 2021 Between: Akhil Bhandari, S/o Shri Suresh Chandra Bhandari, R/o Gaujajali Bichili, Teen Pani, Haldwani, District Nainital. …..Applicant. and 1. State of Uttarakhand,
I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL
SHRI JUSTI CE S.K. MI SHRA, A.C.J.
ARBI TRATI ON PETI TI ON No. 2 9 OF 2 0 2 1
3 1[ST] DECEMBER, 2 0 2 1
Between:
Akhil Bhandari, S/ o Shri Suresh Chandra Bhandari, R/ o Gaujajali Bichili, Teen Pani, Haldwani, District Nainital. …..Applicant.
and
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1. State of Uttarakhand, through Secretary, Public Works Department, 4- Subhash Marg, Uttarakhand Civil Secretariat, Dehradun, District Dehradun. through Secretary, Public Works Department, 4- Subhash Marg, Uttarakhand Civil Secretariat, Dehradun, District Dehradun.
2. Engineer-in-Chief, Public Works Department, Government of Uttarakhand, 21, Engineers Enclave, GMS Road, District Dehradun. Government of Uttarakhand, 21, Engineers Enclave, GMS Road, District Dehradun.
3. Superintending Engineer, 2[nd] Circle, Public Works Department, Nainital. Department, Nainital.
4. Executive Engineer, Public Works Department, Bhowali, District Nainital, Uttarakhand. Bhowali, District Nainital, Uttarakhand.
…Respondent
Counsel for the applicant:
Mr. Sandeep Tiwari, learned counsel.
Counsel for the respondents: Mr. B.S. Parihar, learned Standing Counsel for the State of Uttarakhand.
Upon h ear in g t h e lear n ed cou n sel, t h e Cou r t m ade t h e follow in g: ORDER :
In this application, filed under sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 (for short the ‘Act’) read with Clause 31 of G.P.W.-9 and under the conditions of the Contract, the applicant has prayed for appointment of an Arbitrator for resolving the dispute .
2. Clause 31.3 of G.P.W.-9 of Contract Agreement dated 02.01.2017 is the arbitration clause for resolving the disputes between the parties, which is not disputed by the learned Standing Counsel for the State.
3. Having heard the learned counsel for the applicant and the learned Standing Counsel for the State of Uttarakhand, the Court is of the opinion that the two conditions are satisfied for appointment of an Arbitrator, namely, i) there is an arbitration agreement as is evident from Clause 31.3 at Page 23, and ii) in fact, there is a dispute in existence to be disposed of through arbitration.
4. The learned counsel for the applicant and the learned Standing Counsel for the State of Uttarakhand have brought to the notice of this Court that as per the General Conditions of the Contract, Chief Engineer, Level-II, of Uttarakhand P.W.D. has to be appointed as an Arbitrator.
5. Mr. B.S. Parihar, learned Standing Counsel for the State of Uttarakhand, produced a written instruction that the respondents have no objection, if any Arbitrator is appointed out of these three mentioned herein:
(1) Engineer K.P. Joshi, Retired Chief Engineer Level-1. Level-1.
(2) Engineer B.C. Binwal, Retired Chief Engineer.
(3) Engineer B.N. Tiwari, Retired Chief Engineer.
Since the condition stipulates that the Chief Engineer, Level-II has to be appointed, this Court disposes of this application by appointing retired Chief Engineer B.C. Binwal, Public Works Department, R/ o Ganga Enclave, C Colony, Behind Mahila Degree College, Nawabi Road, Haldwani, Nainital, to act as an Arbitrator to settle the dispute between the parties.
6. Let the Arbitrator be intimated accordingly. The learned Arbitrator shall, in terms of Section 11(8) of the 1996 Act, furnish his disclosure in writing to this Court within 15 days from the date of receipt of a certified copy of this order. He shall, thereafter, fix his remuneration, and charges towards other expenses, in consultation with the parties to the dispute. He shall endeavour to complete the arbitral proceedings, and to pass an award with utmost expedition, preferably within six months from the date on which he enters upon a reference.
Rathour
(S.K. Mishra, A.C.J.)
31.12.2021