Uttarakhand High Court
WPMS/333/2003 of BHARAT SANCHAR NIGAM LTD NEW DELHI Vs DISTT, JUDGE DEHRADUN and ANOTHER on 30 December 2008
COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 333 of 2003 (M/S) The Bharat Sanchar Nigam Ltd., New Delhi ……. Petitioner Versus Distt. Judge, Dehradun and another ……. Respondents ...……. Mr. V.K.Kohli, Senior Advocate with Mr. T.C.Pande, Advocate for
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 333 of 2003 (M/S)
The Bharat Sanchar Nigam Ltd., New Delhi
……. Petitioner
Versus ……. Respondents
Distt. Judge, Dehradun and another
...…….
Mr. V.K.Kohli, Senior Advocate with Mr. T.C.Pande, Advocate for the petitioner. Mr. Alok Singh, Senior Advocate with Mr. T.P.Singh, Advocate for respondent no. 2.
Hon’ble V.K. GUPTA, C.J.
On this petition coming up for consideration today, learned counsel for the parties submit that it be disposed of as settled and the following agreed order be passed:
The petition is disposed of as settled.
The impugned order dated 19.02.2003 passed by the learned District Judge, Dehradun is upheld, but this upholding of the impugned order is finally subject to the outcome of the arbitration proceedings as well as arbitral Award to be passed.
Mr. Amit Chaudhary, Advocate, Dehradun is hereby appointed as a Single Member Arbitral Tribunal to adjudicate, through arbitration, the disputes between the parties, which form the subject matter of this petition. The appointment of the said Arbitrator is dehors Section 7B of the Indian Telegraph Act, 1885. The appointment of Mr. Amit Chaudhary as a Single Member Arbitral Tribunal is being made with the consent and agreement of the parties in terms of the Arbitration and Conciliation Act, 1996.
The parties are at liberty to file their claims/counter-claims before the arbitrator, who shall pass the arbitral Award without any delay. His fee is fixed at Rs. 10,000/- (Rupees Ten Thousand only), which shall be paid to him in equal shares by the parties. The costs shall abide the result of the proceedings.
(V.K. Gupta, C. J.) 30.12.2008