1 2025:HHC:17289 I N THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA . Arb. Case No779 of 20 24 Decided on: 30.05.2025 M/s Padam Singh ......Petitioner Versus Engineer-in-Chief (OP) South, H.P. and Ors. ...Respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Whether approved for reporting?1 For the petitioner: Mr. Ajay Kumar Lahota, Advocate. For the respondents: Ms. Vandana Misra, Advocate G.S. Sandhawalia, Chief Justice (Oral) The present petition has been filed for appointment of the Arbitrator under Section 11(6) of Arbitration and Conciliation Act, 1996, by the petitioner- contractor. 2. The Arbitration Agreement contains Clause 26.3 which is for settlement of dispute by way of arbitration. 3. On 20.09.2018, the petitioner was awarded the Work of “Site Development and construction of retaining Wall 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 for proposed 22kv Controlling point at Gumma under ESD, HPSEBL, at Chirgaon-II, in Electrical Division, HPSEBL, Rohru, Shimla, H.P.” the cost of the awarded work was estimated to be Rs.13,43,842/-. 4. The case of the petitioner-applicant is that there was deviation of Rs.5,21,659/- which was 39% of the actual awarded tender amount and same had been sent for approval to the office of respondent No.1. The petitioner having not been compensated, served the requisite notice upon the respondent dated 17.05.2024 for the appointment of an Arbitrator but neither the respondents responded to the notice nor appointed an arbitrator. 5. The reply to the petition filed by the respondents would go on to show that that there was “No Deviation Certificate” prior to the award of work dated 23.08.2018 (Annexure R-1), rendering any claim for deviation non- arbitrable. 6. Keeping in view the fact that the parties have agreed as such, for the dispute inter se the parties, being 3 settled by way of arbitration, this Court is of the opinion that there is tender agreement executed inter se the parties. Therefore, it is for the Arbitrator to go into the factual matrix on the merits of the issue, as such, regarding the issue of deviation. 7. Accordingly, the present petition is allowed and Mr. P.C Bandan, Engineer-in-Chief (Mob. No.7876030390), is appointed as an Arbitrator to adjudicate the dispute between the parties, since the matter is technical in nature and it would be appropriate for an Engineer to go into this aspect. His appointment as an Arbitrator shall come into force only after his disclosure in writing is obtained in terms of Section 11(8) of the Act and only after receipt thereof, his appointment, as an Arbitrator, shall come into force. 8. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Mr. P.C Bandan, Engineer-in-Chief, shall enter into reference, and shall pass an award in accordance with law. 4 9. Copy of this order be furnished to the learned counsel for the parties and also be furnished to the learned Arbitrator. The learned Arbitrator so appointed shall be entitled to fee as per stipulation contained in 4th Schedule appended to the Arbitration and Conciliation Act, 1996. May 30 , 2025 ( G.S. Sandhawalia ) (ankit) Chief Justice