ARBAP/44/2014 of Chandri Chand Vs State Of Uttarakhand AND OTHERS

IN THE HIGH COURT OF UTTARAKHAND AT NAINITALARBAP NO. 44 of 2014

Chandri Chand

……………..Applicant.

State of Uttarakhand and others. ...Respondents Sri B.S. Adhikari, learned counsel for the applicant. Sri B.S. Parihar, learned Standing Counsel for the State of Uttarakhand / respondents. Dated: 13.09. 2019

Ramesh Ranganathan, C.J.

Clause 32(b) of the General Conditions of Contract, which forms part of the Agreement between the parties, provides for resolution of disputes through arbitration. The specific plea raised in the application, regarding the existence of an arbitration agreement, has not been denied by the respondents in their counter affidavit. The respondents, however, claim that no amount is due and payable by them to the applicant, since it is the applicant who is at fault in not completing the work entrusted to him for execution.

2. The scope of inquiry, under Section 11(6-A) of the Arbitration and Conciliation Act, 1996 (for short the ‘1996 Act’), is extremely limited. In terms thereof, the High Court, while considering an application under sub-section (4), or sub-section (5), or sub-section (6) of Section 11 of the 1996 Act, shall, notwithstanding any judgment, decree or order of any Court, confine itself to the examination of the existence of an arbitration agreement. The only question, which this Court is required to examine, is whether there exists an arbitration agreement between the parties; and in case there exists an arbitration agreement, then all other questions are required to be examined by the Arbitrator so appointed by the Court.

3. As the existence of an arbitration agreement is evident, and the respondents do not also dispute that an arbitration agreement is in existence between the parties, I consider it appropriate to appoint Sri K.D. Bhatt, R/o house No. 297, Lane No. 5, Madhur Vihar, Ajabpur

Khurd, Dehradun, retired District Judge, as the Arbitrator to resolve these disputes.

4. The learned Arbitrator shall, in terms of Section 11(8) of the 1996 Act, furnish his disclosure in writing to this Court within 15 days from the date of receipt of certified copy of this order. He shall, thereafter, fix his remuneration, and charges towards other expenses, in consultation with the parties to the dispute. He shall endeavour to complete the arbitral proceedings, and to pass an award with utmost expedition, preferably within six months from the date on which he enters upon reference.

5. The Arbitration Application stands disposed of accordingly.

Rathour

(Ramesh Ranganathan, C.J.)

13.09.2019