Shiva Dutta Associate v. Chief Executive Officer, Urrda, Panchayat Bhawan
2020-12-04
RAVI MALIMATH
body2020
DigiLaw.ai
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 31.07.2013. 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 32(c) of the Contract dated 31.07.2013, 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 32(c) of the Contract reads as under:- 3. Xxx C) Except where otherwise provided in the contract all questions and disputes relating to meaning of the specifications, designs, drawing and instructions hereinbefore mentioned and as to the quality or workmanship or materials used on the work or as to any other questions, claim, right, or rates for extra items sanctioned and decided or not by the competent authority under the conditions of this contract, matter or thing whatsoever, in any way arising out of relating drawing, design, contract, specifications, estimates instructions, or order on these conditions or otherwise, concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work after the completion or abandonment thereof shall be referred to the sole arbitration of the person or persons appointed by the Chief EngineerRES Deptt., Dehradun IUK. it will be no objection to any such appointment that the arbitrator so appointed is a Govt. servant that he had to deal with the matter to which the contract relates and that in the course of his duties as Government servant he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally or subsequently referred being incapacities to act, the ChiefEngineer shall appoint another the person to act as arbitrator in accordance with the term of contract.
The arbitrator to whom the matter is originally or subsequently referred being incapacities to act, the ChiefEngineer shall appoint another the person to act as arbitrator in accordance with the term of contract. It is also a term of this contract that no person other than a person appointed by the ChiefEngineer of the U.K.R.E.S., as aforesaid shall act as arbitrator and if for any reason that is not possible the matter is not to be referred to arbitration at all. The arbitrator(s) may from time to time with the consent of the parties enlarge the time for making and publishing the award. Subject as aforesaid the provisions of the Arbitration Act, 1960, or any statuary modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceeding under this clause. The sole arbitrator or 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 31.07.2013. 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 arbitrators (one Chief Engineer and another an officer of judicial service) are required to be appointed. Under these circumstances, I appoint Shri Govind Narain Dixit, retired Chief Engineer, Oil and Natural Gas Corporation, R/o 25, Indira Nagar Colony, Dehradun and Shri R.C. Kukreti, retired District Judge, R/o Upper Sarthi Vihar, Danda Ajabpur, Post Office Nehru Gram, 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 Govind Narain Dixit, retired Chief Engineer, Oil and Natural Gas Corporation, R/o 25, Indira Nagar Colony, Dehradun and Shri R.C. Kukreti, retired District Judge, R/o Upper Sarthi Vihar, Danda Ajabpur, Post Office Nehru Gram, 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.