JAGSON AIRLINES LIMITED Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition has been filed under sub -section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator in terms of arbitration clause 19.1 of the agreement executed between the parties on 1.9.2010. The termination notice was issued to the applicant on 19.4.2011. Applicant sent a reply to the same on 14.5.2011. The agreement dated 1.9.2010 was terminated by the respondent on 21.5.2011. Legal notice was issued by the applicant to respondent on 12.9.2012. Respondent sent reply to the applicant on 20.12.2012. The dispute has arisen between the parties, including interpretation of terms of the agreement inter se the parties. Clause 19.1 of the agreement reads as under:

(2.) MR . Neeraj Sharma, learned Deputy Advocate General was directed to seek instructions whether LR -cum -Secretary (Law) to the Government of Himachal Pradesh can be appointed as arbitrator. He has placed on record copy of communication dated 29.8.2013 whereby it has been stated that LR -cum -Secretary (Law) to the Government of Himachal Pradesh could be appointed as arbitrator.