2025:UHC:2962 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR ARBITRATION APPLICATION NO. 18 OF 2025 23RD APRIL, 2025 Bhagwan Singh Pundir …… Applicant/Petitioner Versus M/s Uttarakhand Power Corporation Limited and another …… Respondents Counsel for the applicant : Mr. Pavan Kumar Nath, learned counsel Counsel for the respondents : Ms. Abhilasha Tomar, learned counsel The Court made the following: JUDGMENT: The counsels submit that earlier the arbitrator was the Managing Director of the respondent company, and in view of the ruling of the Hon’ble Apex Court in TRF Limited Vs Energo Engineering Projects Limited, reported in (2017) 8 SCC 377, the arbitration proceedings were aborted and, hence, the instant application. 1 2025:UHC:2962 2) The counsel for the respondents submits that the claim is for a sum of Rs.21,96,134/-, and that they have no objection for appointment of an arbitrator. 3) Counsel for the respondents suggests the name of Mr. K.D. Bhatt, Retd. District Judge, having residence at H.No. 297, Lane No. 5, Madhur Vihar, Ajabpur, Dehradun. 4) The counsel for the applicant also consents to the proposal by the respondents. 5) In that view of the matter, Mr. K.D. Bhatt, Retired District Judge, is hereby appointed to act as an Arbitrator and arbitrate the disputes that have arisen between the parties, and the claim of Rs.21,96,134/-. 6) The arbitration application stands allowed in the above terms. 7) The Arbitrator shall, in terms of Section 11(8) of the Act, furnish his disclosure in writing to the Court within 15 days from the date of receipt of a certified copy of this order. 8) It is open for the parties to determine the rules and procedure of arbitration and the place of arbitration in consultation with the Arbitrator in terms of Sections 19 2 2025:UHC:2962 3 and 20 of the Act. The Arbitrator shall, in consultation with the parties, fix the remuneration and other chargeable fees. The Arbitrator shall endeavour to hear and pass an Award within the time provided under the statute. _______________ G. NARENDAR, C.J. Dt: 23RD APRIL, 2025 Negi HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aa f116e73351fdaf6878326386908a7f90d575 7, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC5 1A722A6BC552D470EB4FD2F88DDF7C18 DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.04.29 11:49:31 +05'30'