2025:UHC:1595 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 07.03.2025 ARBAP No. 42 of 2024 Hon’ble G. Narendar, C.J. 1. Heard Ms. Monika Pant, learned counsel for the applicant and Sri J.C. Pande, learned Standing Counsel for the State of Uttarakhand/ respondents. 2. The applicant is before this Court, invoking the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short “the Act”) seeking appointment of an Arbitrator. 3. It is submitted that as per the arbitration clause, the parties are entitled to nominate one person each, and the Arbitral Tribunal is entitled to appoint the Chairman of the Arbitral Tribunal. 4. Both the counsels fairly admit the existence of the arbitration clause, and the fact that the claim is still live. 5. The applicant has suggested the name of one Sri Rakesh Kumar Agrawal (Retd.) Special Director General, CPWD as its nominee Arbitrator. The respondent has suggested the name of one Sri Rajendra Prasad, (Retd.) Chief Engineer, PWD as its nominee Arbitrator. 6. The counsels have no objection to the appointment of the respective Arbitrators. 7. In that view, the application is allowed. Sri Rakesh Kumar Agrawal (Retd.), Special Director General, CPWD and Sri Rajendra Prasad, (Retd.) Chief Engineer, PWD are appointed as respective Arbitrators on behalf of the applicant and the respondents. 2025:UHC:1595 8. The Arbitrators shall, in terms of Section 11(8) of the Act, furnish their disclosure in writing to the Court within 15 days from the date of receipt of a certified copy of this order. 9. It is open for the parties to determine the rules and procedure of arbitration and the place of arbitration in consultation with the Arbitrators in terms of Sections 19 and 20 of the Act. The Arbitrators shall, in consultation with the parties, fix the remuneration and other chargeable fees. The Arbitrators shall endeavour to hear and pass an Award within the time provided under the statute. 10. The Arbitration Application stands ordered accordingly. (G. Narendar, C.J.) 07.03.2025 Rahul