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2020 DIGILAW 528 (UTT)

Hari Singh Rana v. State Of Uttarakhand

2020-12-04

RAVI MALIMATH

body2020
JUDGMENT Ravi Malimath, A.C.J. - The petitioner is before this Court, in this petition under Section 11(4) and (6) of the Arbitration and Conciliation Act, 1996 (for short "the Act"), seeking for appointment of two Arbitrators to resolve the disputes that have arisen between the parties. 2. Learned counsel for the petitioner contends that a contract was entered into between the petitioner and the respondent on 31.05.2007. In respect of the said Contract, certain disputes have arisen between the parties and as such the petitioner claims that two Arbitrators be appointed to resolve the disputes that have arisen between the parties. In that regard, Clause 29(c) of the Contract dated 31.05.2007, which relates to arbitration, is referred to by the learned counsel for the petitioner. The said clause provides for settlement of disputes through Arbitrators. Clause 29(c) of the Contract reads as under :- 3. Xxx (C) Except where otherwise provided in the contractor, all questions and dispute relating to the meaning of the specification, designs drawing and instructions herein before mantioned and as the quality of workmanship or materials used on the work or as to any other question Claim right, or rates for extra items sanctioned and decided or not by the competent authority under the conditions of this contract matter or think whatsoever, in any way arising out of or relating to the contract design drawing specifications, estimates instructions, or order on these conditions or otherwise concerning the works, of the execution or failure to execute the same, whether arising during the progress of the work or after the completion or bandonment thereof shall be referred to the sole arbitration of the person or persons appointed by the Chief Engineer-U.K. P.W.D. it will be no objection to any such appoinment that the arbitrator so appointed is a Govt. servent that he had to dael with the maters to which contract relates and that in the course of his duties as Govt. servent that he had to dael with the maters to which contract relates and that in the course of his duties as Govt. servent he has expressed views on all or any of the matter in dispute or difference the arbitrator in accordance with the items of contract it is also a term of this contract that no person other than a person appointed by the Chief Engineer of the U.A.P.W.D. as aforesaid shall act arbitrator and if for any reason that is not possible, matter is not be referred to the arbitration at all the arbitrator(S) may for time to time with what consent of the parties inlarge the time for making and publishing the award. Subject as aforesaid the provision of the Arbitration Act, 1940, or any statutory modification or re-enactment thereof and the rules made there under and for the time being inforce shall apply to this arbitration proceeding under the clause. The sole arbitrators to be appointed by the Chief Engineer shall be of the status given below:- 4. There is no dispute as regards the existence of an Arbitration clause in the Contract dated 31.05.2007. 5. Having considered the availability of the arbitrators, I'am of the considered view that since the claim is for more than Rs. 3 Lakhs, two arbitrator (one Chief Engineer and another an officer of judicial service) are required to be appointed. Under these circumstances, I appoint Shri B.S. Kaira, retired Chief Engineer, Rural Engineering Services, Cross-9, Tapovan Enclave, Raipur Road, Dehradun and Shri K.D. Bhatt, retired District Judge, R/o House No.297, Lane No. 5,Madhur Vihar, Ajabpur, Dehradun, to act as the Arbitrators, after their disclosures in writing are obtained in terms of Section 11(8) of the Act; and only after receipt thereof shall their appointment, as Arbitrators, come into force. 6. On their giving consent to arbitrate the disputes between the parties, Shri B.S. Kaira, retired Chief Engineer, Rural Engineering Services, Cross-9, Tapovan Enclave, Raipur Road, Dehradun and Shri K.D. Bhatt, retired District Judge, R/o House No.297, Lane No. 5,Madhur Vihar, Ajabpur, Dehradun, shall enter reference, and shall pass an award in accordance with law. The learned Arbitrators shall fix their fees in consultation with both the parties. 7. The arbitration application is disposed-off accordingly.