AMIT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'Act') for appointment of an Arbitrator.

(2.) The case of the petitioner is that the work was awarded to the petitioner vide award letter dated 10.2.2010. There is an agreement between the parties. The Clause 25 of the agreement provides for appointment of an Arbitrator in case of dispute. The Arbitrator is to be nominated and appointed by the Chief Engineer, Central Zone, HPPWD, Mandi.

(3.) THE reply has been filed and respondents have disputed the claim. The respondents have denied the notice. The Clause 25 of the agreement has not been denied. There is thus a dispute between the parties, but as per Clause 25 of the agreement an Arbitrator has not been appointed by the Chief Engineer, HPPWD, Mandi. In these circumstances, the petition is allowed. The learned counsel for the parties have jointly stated that Mr. Naveen K. Malhotra (Retd. S.C.), Malhotra House, V.P.O. Banuri, Palampur -176061, may be appointed as an Arbitrator for resolving the dispute between the parties. Accordingly, Mr. Naveen K. Malhotra, is appointed as an Arbitrator to adjudicate the dispute between the parties in accordance with the agreement and law by making reasoned award. The petition stands disposed of.