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Uttarakhand High Court · body

2020 DIGILAW 477 (UTT)

Ramphal v. Shriram Transport Finance Company Ltd

2020-11-21

RAVI MALIMATH

body2020
JUDGMENT Ravi Malimath, A.C.J. - The petitioner is before this Court, in this petition under Section 11 of the Arbitration and Conciliation Act, 1996 (for short "the Act"), seeking appointment of a sole Arbitrator to resolve the disputes that have arisen between the parties. 2. Learned counsel for the petitioner contends that an agreement was executed between the petitioner and the respondents on 15.05.2015. In respect of the said Agreement, certain disputes have arisen between the parties and as such the petitioner claims that the sole Arbitrator be appointed to resolve the disputes that have arisen between the parties. In that regard, Clause 15 of the Agreement dated 15.05.2015, which relates to arbitration, is referred to by the learned counsel for the petitioner. The said clause provides for settlement of disputes through an Arbitrator. Clause 15 of the Agreement reads as under :- 3. Xxx 15. ARBITRATION All disputes difference and / or claims out of these present or as to the construction, meaning or effect here of or as to the right and liabilities of the parties hereunder shall be settled by arbitration to be held in DEHRADUN in accordance with the provisions of the arbitration and conciliation act, 1996 or any statutory amendments there of or any statute enacted for replacement of thereof and shall be referred to the sole arbitration of a person to be nominated / appointed by shriram. In the event of death, refusal, neglect, inability or incapability of the persons so appointed to act as an arbitrator, Shriram may appoint a new arbitrator. The award including the interim award/s of the arbitrator shall be final and binding on all parties concerned. The arbitrator may lay down from time to the procedure to be followed by him in conducting arbitration proceedings in such manner as he considers appropriate. Any proceedings to be initiated in any court of law in pursuance of this arbitration shall be instituted and held in the court at DEHRADUN only. 4. There is no dispute as regards the existence of an Arbitration clause in the Agreement dated 15.05.2015. 5. Having considered the availability of the arbitrators, I' am of the considered view that an arbitrator is required to be appointed. 4. There is no dispute as regards the existence of an Arbitration clause in the Agreement dated 15.05.2015. 5. Having considered the availability of the arbitrators, I' am of the considered view that an arbitrator is required to be appointed. Under these circumstances, I appoint Shri V.K. Maheswari, retired District Judge, R/o 252/2, Guru Nanak Road, Subhash Nagar, Dehradun, to act as the sole Arbitrator, after his disclosure in writing is obtained in terms of Section 11(8) of the Act; and only after receipt thereof shall his appointment, as an Arbitrator, come into force. 6. On his giving consent to arbitrate the disputes between the parties, Shri V.K. Maheswari, retired District Judge, R/o 252/2, Guru Nanak Road, Subhash Nagar, Dehradun, shall enter reference, and shall pass an award in accordance with law. The learned Arbitrator shall fix his fees in consultation with both the parties. 7. The arbitration application is disposed-off accordingly.