DIGVIJAY SINGH Vs. CHIEF ENGINEER (HZ), HPPWD, HAMIRPUR

JUDGEMENT

(1.) This application has been filed under section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator in terms of clause 25 of the agreement entered into between the parties. Applicant sent legal notice to the respondents on 3.7.2013 for appointment of Arbitrator. No Arbitrator has been appointed as per clause 25 of the agreement. The dispute has arisen between the parties. Accordingly, I am satisfied that all the requirements of the Arbitration and Conciliation Act, 1996 have been fulfilled by the applicant and the Sole Arbitrator is required to be appointed to resolve all the disputes which have arisen between the parties.

(2.) The dispute has arisen between the parties with regard to payment of Rs. 4,04,919/- as balance amount, Rs. 3,79,235/- on account of escalation of price of material and labour and Rs. 60,164/- on account of deduction of labour cess @ 1%. The applicant has issued legal notice to the respondents for appointment of an Arbitrator as per clause 25 of the agreement. However, no reply has been received by the applicant.

(3.) Accordingly, with the consent of the parties, Mr. Sanjeev Bhushan, Advocate is appointed as Sole 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 applicant is directed to file claim petition within a period of three weeks. Reply be filed by the respondents within 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 his 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 the Arbitrator about the passing of the order by sending a copy of this order to him. In view of this, the petition stands disposed of. Pending application, if any, also stands disposed of. No costs