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2015 DIGILAW 829 (HP)

Sandeep Rathaur v. State of Himachal Pradesh

2015-07-06

RAJIV SHARMA

body2015
JUDGMENT : Rajiv Sharma, J. 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 (25) of the agreement. Petitioner sent a notice to the respondents on 2.2.2015 for the appointment of Arbitrator. No Arbitrator has been appointed as per clause (25) of the agreement. Certain disputes have 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. Lovneesh Kanwar, Advocate is appointed as Arbitrator and Ms. Tim Saran, Advocate is appointed as assisting 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 a 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 along with the fee of assisting Arbitrator. 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 Mr. Lovneesh Kanwar, Advocate and Ms. Tim Saran, Advocate 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.