Mahalaxmi Construction v. Project Manager, Construction Division, Uttarakhand Pey Jal Sansadhan Vikas Evem Nirman Nigam
2023-01-13
VIPIN SANGHI
body2023
DigiLaw.ai
JUDGMENT Vipin Sanghi, CJ. - This application has been preferred by the petitioner under Section 11(6) of the Arbitration and Conciliation Act to seek appointment of a sole Arbitrator to adjudicate the disputes between the parties arising out of their agreement entered into on 16.06.2020, which is reflected in the Work Order issued to the petitioner. 2. The petitioner had participated in response to the NIT dated 25.01.2020, issued by the respondent for construction of Eklavya Aawasiya Vidyalaya and appurtenant works at Bazpur, District Udham Singh Nagar. The terms and conditions of the tender which form part of the agreement between the parties, contains an Arbitration Agreement in Clause 25. 3. The petitioner issued notice to the respondent raising its claims, and also invoked Arbitration Agreement. It appears that on 30.05.2022, the petitioner responded to the communication of the respondent dated 18.05.2022, closing the contract. The petitioner also invoked the Arbitration Agreement. Since the respondent does not agree to appointment of an Arbitrator, the petitioner again invoked the same on 11.08.2022, but to no avail. Consequently, this application has been preferred. 4. Counsel for the respondent puts in appearance of service, on advance notice. On instructions, he states that respondent has no objection if this Court appoints a sole Arbitrator to adjudicate the disputes between the parties. 5. Under the said Agreement, since the claim of the petitioner is in a few lakhs, I deem it appropriate to appoint a practicing Advocate of this Court to act as a sole Arbitration, to which the parties also agree. 6. Accordingly, I appoint Ms. Priyanka Agarwal, Advocate, as the sole Arbitrator to adjudicate the dispute between the parties under the said Agreement. 7. The Arbitration Application stands disposed of.