Himachal Pradesh High Court
ARB.C/82/2014 on 30 December 2015
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Arb. Case No. 82 of 2014 Decided on: 30.12.2014 ___________________________________________________ M/s. S.B. Trading Company.
…Petitioner.
Versus State of H.P. and another.
Respondents.
________________________________________________________
Coram:
Hon’ble Mr. Justice Rajiv Sharma, Judge.
Whether approved for reporting? 1
For the Applicant : Mr. Sumeet Raj Sharma, Advocate.
For the Respondents: Mr. Parmod Thakur, Addl. A.G. with Mr. R.P. Singh, Asstt. A.G.
_____________________________________________________
Justice Rajiv Sharma, Judge (oral).
This petition has been filed under sub-section (6) of section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator in terms of arbitration clause 25 of the agreement executed between the parties vide agreement No.39 for 2010- 2011.
Petitioner sent communication to the
1 Whether reporters of the local papers may be allowed to see the judgment?
respondents on 27.5.2014 for appointment of Arbitrator. No Arbitrator has been appointed as per arbitration clause contained in the Agreement. The dispute has arisen between the parties.
2. Accordingly, I am satisfied that all the requirements of the Arbitration and Conciliation Act, 1996 have been fulfilled by the petitioner and the Sole Arbitrator is required to be appointed to resolve all the disputes which have arisen between the parties.
3. Accordingly, Ms. Meena Thakur, Advocate is appointed as Arbitrator. The Arbitrator is directed to enter into reference within a period of two weeks from the date of receipt of the copy of the order. Thereafter, the petitioner is directed to file claim petition within a period of three weeks. Reply be filed by the respondents within a further period of three weeks. The pleadings, including, rejoinder and counter-claim, shall also be completed by the parties within a period of eight weeks after entering into reference by the Arbitrator. It shall be open to the Arbitrator to determine his own procedure with the consent of the parties. It shall also be open to the Arbitrator to fix her fee. The award shall be made strictly as per the provisions of the Arbitration and Conciliation Act, 1996 within six months. Needless to add that the Arbitrator shall pass a speaking order. The Registry of this Court is directed to immediately inform Ms. Meena Thakur, Advocate about the passing of the order by sending a copy of this order to him.
4. In view of this, the petition stands disposed of. Pending application, if any, also stands disposed of. No costs.
(Justice Rajiv Sharma),
Judge. 30.12.2014 *awasthi*