PARMOD SOOD Vs. THE MANAGING DIRECTOR

JUDGEMENT

(1.) THE present petition has been preferred under Section 11(6) of Arbitration and Conciliation Act, 1996, hereinafter referred to be as 'the Act', for the appointment of an Arbitrator. The Hon'ble the Chief Justice has assigned this matter to this Court for its disposal in accordance with law. The petitioner is registered A -class contractor with the Public Works Department of the State, and is running the Firm in the name of "M/s P.K. Construction Company". It is stated that during the course of his business dealing, he was awarded work of construction of regulated sub -yard at KharaPathar, District Shimla, H.P. (SH: auction platform and shops etc.) The parties entered into an arbitration agreement vide Arbitration No. 853 of 2009.

(2.) CLAUSE 25 of the said agreement provides for the settlement of disputes by arbitration and it also provides for the appointment of a sole Arbitrator by Engineer -in -Chief or the Chief Engineer.

(3.) NOTICE of this petition was given to the respondents. They have no objection in appointing an Arbitrator to adjudicate for the claim of the parties.