Himachal Pradesh High Court
ARB.C/97/2021 of M/S OM PRAKASH SHARMA AND SONS Vs STATE OF HP AND ORS on 31 December 2021
COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 31st DAY OF DECEMBER, 2021 BEFORE HON’BLE MR. JUSTICE MOHAMMAD RAFIQ, CHIEF JUSTICE ARBITRATION CASE No. 97 of 2021 Between: M/S OM PRAKASH SHARMA & SONS, VILLAGE AND P.O. DAULATPUR CHOWK, TEHSIL GHANARI, DISTRICT UNA, H.P. THROUGH ITS PARTNER
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 31[st] DAY OF DECEMBER, 2021
BEFORE
HON’BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
ARBITRATION CASE No. 97 of 2021
Between:
M/S OM PRAKASH SHARMA & SONS, VILLAGE AND P.O. DAULATPUR CHOWK, TEHSIL GHANARI, DISTRICT UNA, H.P. THROUGH ITS PARTNER SH. BRIJ KISHORE SHARMA, S/O LATE SH. OM PARKASH SHARMA, RESIDENT OF H. NO. 51-A, DHAULA DHAR COLONY, LOWER BAROL, DARI, DHARAMSHALA, TEHSIL DHARAMSHALA, DISTRICT KANGRA, H.P.
…PETITIONER/CLAIMANT
(BY SH. BHUVNESH SHARMA, ADVOCATE)
AND
1. STATE OF H.P. THROUGH SECRETARY HPPWD TO THE GOVT. OF HIMACHAL PRADESH, SHIMLA-2. SECRETARY HPPWD TO THE GOVT. OF HIMACHAL PRADESH, SHIMLA-2. 2. CHIEF ENGINEER, (KZ) HPPWD DHARAMSHALA, TEHSIL DHARAMSHALA, DISTRICT KANGRA, DHARAMSHALA, TEHSIL DHARAMSHALA, DISTRICT KANGRA, H.P. 3. THE EXECUTIVE ENGINEER, HPPWD DIVISION KOTLA BEHAR, TEHSIL KASBA KOTLA, DISTRICT KANGRA, H.P. DIVISION KOTLA BEHAR, TEHSIL KASBA KOTLA, DISTRICT KANGRA, H.P.
4. THE ARBITRATOR-CUM-SUPERINTENDING ENGINEER, ARBITRATION CIRCLE HPPWD, SOLAN, DISTRICT SOLAN, H.P.
…RESPONDENTS
(BY SH. VIKAS RATHORE, ADDITIONAL ADVOCATE GENERAL)
_____________________________________________________
This case coming on for orders this day, the Court delivered the following:
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J U D G M E N T
The petitioner is before this Court in this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, (for short ‘the Act’), seeking for appointment of an Arbitrator to resolve the dispute that has arisen between the parties.
2. It is the case of the petitioner that there was an agreement vide (Annexure P-3), between the petitioner and respondents No. 1 to 3 and accordingly a contract was entered into between the parties in respect of work ‘construction of Govt. Degree College Building Jandaur in Tehsil Kasba Kotla, District Kangra, H.P. Certain disputes have arisen thereon. Clause 25 of the agreement provides for appointment of an Arbitrator. 3. Under Section 11(6) of the Act, the High Court, while considering any application under Section 11(6) thereof, must confine its examination only to the existence of an Arbitration agreement. Since the existence of an arbitration agreement has not been disputed by the respondent, this application deserves to be allowed and the dispute referred to arbitration. 4. Having considered the contentions of both sides, Shri L.R. Sharma, District & Sessions Judge (Retd.), R/o Flat No. 7, Block-C, Sai Flats Mehli, Shimla, is appointed as an Arbitrator, after his disclosure in writing is obtained in terms of Section 11(8) of the Act and only after receipt thereof, shall his appointment, as an Arbitrator, come into force. 5. On his giving consent to arbitrate the dispute between the parties, as an Arbitrator, Shri L.N. Sharma, District & Sessions Judge (Retd.), shall enter into reference, and shall pass an award in accordance with law. Copy of this order be forwarded to the learned counsel for the parties, as also to the Arbitrator. The Arbitrator so appointed shall be entitled to fee as per 4th Schedule appended to the Arbitration and Conciliation Act, 1996.
6. The arbitration case is disposed of accordingly, so also pending miscellaneous application(s), if any.
December 31, 2021 (hemlata)
( Mohammad Rafiq ) Chief Justice