PAVELJEET SINGH Vs. HP STATE ELECTRICITY BOARD

JUDGEMENT

(1.) REPLY has been filed. Clause 45 of the terms and conditions of the contract is the arbitration agreement between the parties. This Clause prescribes a detailed procedure for, initially approaching the Chief Engineer for obtaining written instructions, and thereafter appointment of Arbitrator by the H.P. State Electricity Board. It is the undisputed case of the parties that the petitioner before approaching this Court had issued a notice dated 9th April, 2007 upon the respondents, after complying with and in terms of the aforesaid Clause 45 of the agreement for appointment of an Arbitrator by the Board. It is also the undisputed case of the parties that till 6th July, 2007, when the petitioner had filed the present petition in this Court, the respondents had not taken any action upon the aforesaid request of the petitioner. This case was listed in this Court on 12th July, 2007 for the first time when Mr. Shrawan Dogra, Advocate, had appeared 1 Whether the reporters of Local Papers may be allowed to see the judgment? for the respondents. Till as late as 12th July, 2007 also when the respondents had the knowledge about the pendency of this petition in this Court no Arbitrator was appointed by them.

(2.) IN the reply filed by the respondents on 6th November, 2007 it has been stated that an Arbitrator has been appointed by the respondents vide communication/order No. HPSEB CESHPDB-13(PS) 07-3265-69 dated 25th August, 2007. It is clear that the Arbitrator has been appointed during the pendency of the proceedings in this Court in this petition, much after the respondents had derived the knowledge about this petition having been filed in this Court.

(3.) BECAUSE the respondents have forfeited their right to appoint the Arbitrator, this Court in exercise of power and jurisdiction vesting in it under Section 11 (6) of the Arbitration and Conciliation Act, 1996 hereby, with the agreement of the parties, appoints Shri Justice R.L. Khurana (Retired), a former Judge of this Court, a Single Member Arbitral Tribunal to adjudicate upon the disputes between the parties. The parties shall file their claims and counterclaims before the learned Arbitrator who shall enter upon the reference immediately and pass the arbitral award without any delay.