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2013 DIGILAW 291 (HP)

CHETAN SINGH v. LONGJIAN ROAD AND BRIDGE LTD

2013-04-09

SANJAY KAROL

body2013
JUDGMENT SANJAY KAROL, J. - 1. AS per Office report dated 6.4.2013, respondent stands served. Despite pass-over, none has entered appearance on behalf of the respondent since morning. 2. PETITIONER and respondent entered into an agreement, which is termed as Memorandum of Understanding, for execution of certain works to be carried out for widening and strengthening of Theog-Kotkhai-Hatkoti- Rohru road. Petitioner has also placed on record material to show that in terms of the said agreement work was executed for and on behalf of the respondent. However, in terms of the contractual obligations, payments were not made to the petitioner. Petitioner served legal notice dated 3.12.2012, which has neither been replied nor complied with. Noticeably, respondent has also not chosen to contest this petition. As such, keeping in view the fact that petitioner allegedly executed work for and on behalf of the respondent, for which payments have not been made and certain disputes having arisen between the parties, an Arbitrator is required to be appointed for resolution of the disputes in terms of the Disputes Settlement Mechanism entered into between the petitioner and the respondent, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. 3. FOR all the aforesaid reasons, present petition is allowed. It is suggested at the bar by the learned counsel that Shri Sonam Negi, retired E-in-C, HPPWD can be appointed since he is familiar with the nature of the dispute and can expeditiously decide the same. Accordingly, said Shri Sonam Negi is appointed as Arbitrator to resolve the dispute between the petitioner and the respondent. Petitioner shall ascertain the latest address of Shri Sonam Negi and inform the Registry of the same within a period of one week. The Arbitrator shall enter reference, after giving notice to all concerned. 4. PETITIONER shall file his claim within a period of four weeks, as prayed for. The Arbitrator shall be entitled for fee of Rs.35,000/- in addition to secretarial expenses of Rs.10,000/-. The fee shall be paid in two installments. 50% of the fee shall be paid in the beginning and the balance shall be paid at the time of passing of the award. Initially, the fee shall be paid by the petitioner and it shall be open for the Arbitrator to determine as to who shall eventually pay the same. 5. The fee shall be paid in two installments. 50% of the fee shall be paid in the beginning and the balance shall be paid at the time of passing of the award. Initially, the fee shall be paid by the petitioner and it shall be open for the Arbitrator to determine as to who shall eventually pay the same. 5. REGISTRY is directed to send a copy of the order to the Arbitrator so appointed. Petition stands disposed of, so also the pending application, if any.