Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Arb. Case No.837 of 2024
Decided on: 10.01.2025
Paramjeet Kaur ....Applicant Versus Indian Institute of Management Sirmaur ...Respondent
Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Whether approved for reporting?1 For the applicant : Mr. Sameet Thakur, Advocate. For the respondent : Mr. Balram Sharma, Deputy Solicitor General of India. G.S. Sandhawalia, Chief Justice
(Oral)
The present application has been filed by the applicant under Section 11 of the Arbitration and Conciliation Act, 1996 (for short the ‘Act’) for appointment of an Arbitrator on account of a the Lease Agreement inter se the parties dated 29.03.2023. 2. Clause 27 of the said Lease Agreement, provides for the dispute resolution and the proceedings in the arbitration, which are to be governed by Arbitration and 1 Whether the reporters of Local Papers may be allowed to see the judgment? Conciliation Act alongwith other statutory modifications. The said clause reads as under:-
“27. That in the event of any dispute arising out of the instant agreement the same would be referred to a Sole Arbitrator who shall be appointed by the Lessor in accordance with The Arbitration and Conciliation Act, 1996 or any modification/ amendment thereto shall govern the arbitration. The venue of the said arbitration shall be at Paonta Sahib. The Paonta Sahib Court shall have the jurisdiction.”
3. On 03.01.2025, the following order was passed in the matter by this Court:-
“Counsel for the respondent submits that he would have no objection to the appointment of Arbitrator. Counsel for the parties will give list of the proposed Arbitrator’s for the convenience of this Court, since the dispute pertains to Paonta Sahib and the agreement was executed at the said place. List on 10.01.2025.”
4. In view of the stand as such taken by the respondent not to file reply and that the respondent is agreed that the matter be referred to arbitration, this Court deems it appropriate to appoint Justice Ranjit Singh, Judge (Retd.), R/o House No.1024, Sector 27-B, Chandigarh, as an
Arbitrator to adjudicate the dispute between the parties, 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. 5.
5. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Justice Ranjit Singh, Judge (Retd.), shall enter into reference, and shall pass an award in accordance with law. 6. 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. 7. The application is disposed of accordingly. January 10, 2025 ( G.S. Sandhawalia ) (Yashwant) Chief Justice