OASIS ENTERPRISES Vs. STATE OF H.P.

JUDGEMENT

(1.) This Application is filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to adjudicate the disputes between the parties arising out of award dt.3/2/2020 awarding certain work to the applicant. Clause 25 thereof contains an arbitration clause.

(2.) A notice Annexure A-3 dt. 21/4/2023 had been issued by the applicant to the respondents making certain claims blaming the respondents for the failure on the part of the applicant to execute the same, and seeking the appointment of an arbitrator as per clause 25 of the agreement between the parties. When no reply thereto had been given by the respondents, on 28/6/2023, the instant application has been filed by the applicant.

(3.) In the reply filed by the respondents they have disputed the contentions of the applicant and even contended that under the contract only a Superintending Engineer is competent to decide the dispute raised by the applicant, and it is not open for this Court to appoint an arbitrator.