Uttarakhand High Court
ARBAP/27/2021 of G T M BUILDERS AND PROMOTERS PRIVATE LIMITED Vs UTTARAKHAND TRANSPORT CORPORATION on 31 December 2021
HIGH COURT OF UTTARAKHAND AT NAINITAL SHRI JUSTICE S.K. MISHRA, A.C.J. ARBITRATION PETITION No. 27 OF 2021 31ST DECEMBER, 2021 Between: GTM Builders and Promoters Private Limited, Office No. 217, 2nd Floor, D-21, Corporate Park DMRC Building, Sector-21, Dwarka, New Delhi-110077, through its
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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 7 OF 2 0 2 1 3 1[ST] DECEMBER, 2 0 2 1
Between:
GTM Builders and Promoters Private Limited, Office No. 217, 2[nd] Floor, D-21, Corporate Park DMRC Building, Sector-21, Dwarka, New Delhi-110077, through its Managing Director. …..Applicant.
and
Uttarakhand Transport Corporation, UTC Headquarters, 1, Raj Vihar, Chakrata Road, Dehradun, Uttarakhand-248001, through its Managing Director. …Respondent Counsel for the applicant: Ms. Pragati Sanwal, learned proxy counsel for Mr. Dharmendra Barthwal, learned counsel.
Counsel for the respondent: Mr. Ashish Joshi, learned counsel.
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’), the applicant has prayed for appointment of one or more independent and impartial persons as Arbitrator(s) to constitute an Arbitral Tribunal.
2. Clause 11.2 of the Concession Agreement dated 28.01.2015 is the arbitration clause for resolving the disputes between the parties, which is not disputed by the learned counsel for the respondent.
3. It is brought to the notice of this Court that the applicant has already nominated Mr. V.K. Maheshwari, (retired District Judge), R/ o 252/ 2 Guru Nanak Road, Subhash Nagar, Dehradun, and the respondent has also nominated Mr. Balbir Prasad (retired District Judge), R/ o HIG-142, Indirapuram, MDDA Colony, GMS Road, Dehradun as an Arbitrator.
4. Now both the learned counsel submit that the third Arbitrator may be appointed so that the Arbitral Tribunal may be constituted. Both the learned counsel has made a suggestion before this Court that former Judge of this Court Mr. Justice Irshad Hussain, R/ o Irshad Manzil, 13/ 36, Azad Nagar, Banbhoolpura, Haldwani, Nainital, be appointed as the third Arbitrator/ Umpire.
5. Hence, this application is disposed of accordingly by appointing Mr. Justice (Rtd.) Irshad Hussain, R/ o Irshad Manzil, 13/ 36, Azad Nagar, Banbhoolpura, Haldwani, Nainital, as the Presiding Arbitrator of the Arbitral Tribunal to resolve 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