ARBAP/24/2011 of MUKAND LTD Vs BHARAT HEAVY ELECTRICALS LIMITED on 30 December 2011

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Arbitration Application No. 24 of 2011

Mukand Ltd.

Bharat Heavy Electricals Ltd.

Versus

………Applicant.

………Respondent.

Mr. Pracheta Singh and Mr. Dharmendra Barthwal, Advocate for the applicant. Mr. I.P. Kohli, Advocate for the respondent.

BARIN GHOSH, C.J. (Oral)

Counter affidavit, filed in Court today, is kept with the record.

2. There is no dispute between the parties that the disputes, highlighted in the Application, are required to be sorted out through arbitration, inasmuch as, after filing of the present Application and after obtaining leave on 16[th] December, 2011 to file counter affidavit, on 22[nd]December, 2011, an arbitrator has been appointed by the appointing authority although, at that time, he had no authority to appoint an arbitrator.

3. In the circumstances, the Application is disposed of by appointing Hon’ble Sri Justice V.K. Gupta, Ex-Chief Justice of this Court as Arbitrator to adjudicate upon the disputes inter se the parties.

G

(Barin Ghosh, C.J.) 30.12.2011