A. C. Builders And Developers v. Onam Educational Society
2013-04-22
SANJAY KAROL
body2013
DigiLaw.ai
JUDGEMENT SANJAY KAROL, J. - 1. THIS is a petition for appointment of an Arbitrator, under the provisions of the Arbitration and Conciliation Act, 1996. The parties have entered into an agreement, which contains an arbitration clause. Certain disputes have arisen in relation to the said agreement and the validity of the arbitration agreement is also not in dispute. 2. IN the instant case, the arbitration clause contains some procedure to be followed by the parties. However, learned counsel for the parties, under instructions, jointly submit that a sole Arbitrator be appointed to adjudicate the dispute, arising out of the agreement, inter se between the parties. With the consent of the learned counsel for parties, all disputes inter se between the parties, in relation to the execution of the works in question are referred to Arbitration. Under instructions from the parties, learned counsel agree and jointly submit that Shri J.K. Verma, Advocate, who is present in the Court, be appointed. Shri J.K. Verma, Advocate has consented for the same. Accordingly, Shri J.K. Verma, Advocate is appointed as a sole Arbitrator to adjudicate the dispute between the parties. 3. THE disputes in question primarily relate to execution of construction work at Mandi, District Mandi, Himachal Pradesh. The Arbitrator shall be at liberty to hold the proceedings at any place convenient to the parties, within the State of Himachal Pradesh. 4. ARBITRATOR shall issue notice to the parties for entering reference within two weeks. An endeavour shall be made by learned Arbitrator to complete the proceedings at the earliest possible. Parties undertake not to unnecessarily take any adjournments. Fee of the Arbitrator, as mutually agreed by learned counsel for the parties, shall be Rs.75,000/- (Rupees seventy five thousand) only, which shall be equally shared by both the parties. 25% of the amount shall be paid to learned Arbitrator at the time of entering the reference, 25% at the time of conclusion of recording of evidence, if any, and remaining 50% shall be paid at the time of passing of award. In addition to the fee, Arbitrator shall be entitled for re- imbursement of secretarial allowances as also expenses for travelling to the site which he may incur for conveyance, lodging and boarding. The learned Arbitrator shall be at liberty to take assistance of any technical expert. Registry is directed to supply a copy of this order to the learned Arbitrator, immediately.
The learned Arbitrator shall be at liberty to take assistance of any technical expert. Registry is directed to supply a copy of this order to the learned Arbitrator, immediately. Petition stands disposed of, so also the pending application, if any.