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Himachal Pradesh High Court · body

2014 DIGILAW 27 (HP)

Maila alias Nawang v. Siri Ram Syal Hydro Power Pvt. Ltd.

2014-01-04

RAJIV SHARMA

body2014
JUDGMENT Rajiv Sharma, Judge (oral). This petition has been filed under sub-section (6) of section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator in terms of arbitration clause 3.3.7 of the contract agreement executed between the parties. Petitioner issued legal notice to the respondents on 2.4.2013 for release of amount of ` 43,36,045/-. The respondents have denied the claim of the petitioner vide reply dated 18.4.2013. The dispute has arisen between the parties. 2. Accordingly, I am satisfied that all the requirements of the Arbitration and Conciliation Act, 1996 have been fulfilled by the petitioner and the Arbitrator is required to be appointed to resolve all the disputes which have arisen between the parties. 3. Accordingly, Mr. Neeraj Sharma, Advocate is appointed as Arbitrator and Mr. Prince Chauhan, Advocate and Mr. Saurabh Rattan, Advocate will assist the Arbitrator. The Arbitrator is directed to enter into reference within a period of two weeks from the date of receipt of the copy of the order. Thereafter, the petitioner is directed to file claim petition within a period of three weeks. Reply be filed by the respondents within further period of three weeks. The pleadings, including, rejoinder and counter-claim, shall also be completed by the parties within a period of eight weeks after entering into reference by the Arbitrator. It shall be open to the Arbitrator to determine his own procedure with the consent of the parties. It shall also be open to the Arbitrator to fix his fee alongwith the fee of assisting Arbitrators. The award shall be made strictly as per the provisions of the Arbitration and Conciliation Act, 1996 within six months. Needless to add that the Arbitrator shall pass a speaking order. The Registry of this Court is directed to immediately inform the Arbitrator and assisting Arbitrators about the passing of the order by sending a copy of this order to them. 4. In view of this, the petition stands disposed of. Pending application, if any, also stands disposed of. No costs.