High CourtsSingle Bench(2018) 05 UK CK 0047

M.D.D.A RAMKY vs MICKEY AFZAL

Uttarakhand High Court · Decided on 10 May 2018

HON’BLE JUDGES
SUDHANSHU DHULIA, J
RESULT
Disposed Off
CASE NUMBER
Arbitration Petition No. 32 Of 2017

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Judgment

5 paragraphs · 222 words

Sudhanshu Dhulia, J

1.

Present arbitration petition has been filed by the petitioner under Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. 2. Petitioner and the respondent entered into a license agreement for a shop situated in Dehradun. Now, some dispute has arisen between the parties regarding payment of license. Since admittedly there is an arbitration clause in the said agreement and since the respondent has not taken any step for appointment of Arbitrator, the petitioner has filed the present petition.

3.

Learned Counsels for both the parties have no objection if the Arbitrator is appointed to adjudicate the present dispute. This Court has further been informed that in a connected matter, Sri Kanta Prasad, retired District Judge from the cadre of Uttarakhand Higher Judicial Services, has been appointed Arbitrator by this Court to adjudicate similar disputes. Both the parties suggest the name of same person for being appointed as Arbitrator to adjudicate the present dispute as well.

4.

In view of the above and subject to the disclosure under Section 11(8) read with Section 12 of the Arbitration and Conciliation Act, Sri Kanta Prasad, retired District Judge from Uttarakhand Higher Judicial Services is appointed as the Arbitrator in the matter to adjudicate the dispute between the parties.

5.

Arbitration petition stands disposed of accordingly.