KASHMIR SINGH Vs. STATE OF HP AND ANOTHER

JUDGEMENT

(1.) This petition has been filed under sub-section (6) of Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of Arbitrator in terms of Clause 24 of the agreement. The petitioner was awarded the work relating to construction of Link Road from Dohra Nallah to Barahar (Barog) K.M. 0/0 to 10/0 (SH: Formation Cutting including R/Wall and Breast Wall, Parapets, Cross Drainage, Wire Crate in Dumping Site, setting out, Logo, K.M. Stone & Side Drain) under the World Bank funding Package No.H.P.06-30 (Phase-II) vide Award letter dated 18.12.2006, for a sum of Rs.2,64,65,462/-. The work was stipulated to be completed in a period of twelve months, which was to be reckoned from 10th day of issuance of letter of award. The Agreement (Annexure P-1) was entered into between the parties. Certain disputes arose between the parties. Petitioner sent a notice (Annexure P2) to the respondents on 02.6.2016, seeking appointment of Arbitrator. Again, another notice, (Annexure P-3), was issued to the respondents on 07.9.2016 seeking the appointment of Arbitrator. However, the respondents have not appointed Arbitrator in terms of Clause-25.3 of the agreement.

(2.) Heard. Learned Additional Advocate General appearing for the respondents/State has argued that one of the person, out of the list approved by the State Government, may be appointed as Arbitrator. On the other hand, Mr. Suneet Goel, learned counsel appearing for the petitioner has argued that, as the respondents/State have failed to appoint Arbitrator despite several requests and within the reasonable time, therefore, some other person may be appointed as Arbitrator.

(3.) There is a dispute inter se the parties, which is evident, as the respondents had to appoint Arbitrator for the resolution of the dispute.