2025:UHC:1609 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR ARBITRATION APPLICATION NO. 02 OF 2025 7TH MARCH, 2025 Hillways Construction Company Private Limited …… Applicant/Petitioner Versus Director General, Border Roads and another …… Respondents Counsel for the applicant : Mr. Siddhartha Singh, learned counsel Counsel for the respondents : Mr. V.K. Kaparuwan, learned Standing Counsel for the Union of India / respondent No. 1 The Court made the following: JUDGMENT: Heard the learned counsels on both sides. 2) The instant application filed invoking the provisions of Sub-section (6) of Section 11 of the Arbitration and Conciliation Act arise out of a Notice 2025:UHC:1609 2 Inviting Tender bearing Letter No. 80260/B- M/36TF/516/268/2018-2019, dated 12.01.2019. It is not in dispute that Clause 70 of the contract relates to resolution of all disputes arising between the parties by way of arbitration. 3) Now, that dispute has arisen under the Work Order No. 1 issued by the office of Officer Commanding (OC) Contract, 72 Road Construction Company (RCC) vide Letter No. 8114/72RCC/12/E8 dated 13.03.2019. There is no dispute with regard to the fact that disputes have arisen with regard to the quantities of all the items of work entered in the Measurement Book. In that view of the matter, as the arbitration clause is still enforceable, it is prayed that an Arbitrator, more particularly, a retired Judge of this High Court, be appointed. 4) The counsels jointly submit that Sri Justice Lokpal Singh be appointed. In view of the joint submission, Mr. Justice Lok Pal Singh, Retired Judge, High Court of Uttarakhand, R/o H. No. 415-A, Lane No. 3, Arya Nagar, P.O. Arya Vanprastha Ashram, Jwalapur, Haridwar, is appointed as an Arbitrator to resolve the disputes between the parties arising out of the contract. 2025:UHC:1609 3 5) 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. 6) 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 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. 7) Arbitration application stands allowed, accordingly. _______________ G. NARENDAR, C.J. Dt: 7TH MARCH, 2025 Negi