HIMALAYA CONSTRUCTION COMPANY Vs. HPSEB

JUDGEMENT

(1.) THIS is a petition filed under the provisions of sub- section (6) of Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitrator, in terms of Arbitration Clause No.25 contained in the agreement dated 24.7.2006, executed between the petitioner and the respondents, for construction of powerhouse cavern including Tele Race Tunnel of Unit-I & Unit-II, Tail Race Channel, enlargement of existing drift for the construction of cable-cum- emergency exit 3.4 m D-Shaped and excavation & rock supports for vertical penstock shaft and horizontal penstock tunnel/tunnels at powerhouse end of Ganvi Stage-II HEP 10(MW) located in District Shimla, Himachal Pradesh.

(2.) THE agreement was duly executed, containing arbitration Clause-25. Certain disputes having arisen between the parties, in relation to the works executed by the petitioner, in terms of the agreement, petitioner by invoking the arbitration clause, vide letter dated 27.12.2012, requested the respondents to appoint an arbitrator. Prior thereto also, certain communications were sent. Respondents did not act on the request of the petitioner, in terms of Clause-25 of the agreement. Hence, this petition was filed on 30.4.2013.

(3.) AS such, with the consent of parties, all disputes inter se them, arising out of the agreement in question, are being referred to the arbitration of Hon'ble Mr. Justice Arun Kumar Goel (retired Judge of this Court), Shanti Kutia, Chakkar, Shimla. His consent is stated to have obtained.