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Judgment
Sanjay Karol, J.—This is a petition for appointment of an Arbitrator under the provisions of the Arbitration and Conciliation Act, 1996. The parties have entered into an agreement which contains an Arbitration Clause. Certain disputes have arisen in relation to the said agreement and the validity of the arbitration agreement is also not in dispute. In the instant case, the arbitration clause contains some procedure to be followed by the parties. However, learned counsel for the parties, under instructions, jointly submit that a sole Arbitrator be appointed to adjudicate the dispute, arising out of the agreement, inter se between the parties.
With the consent of the learned counsel for parties, all disputes inter se between the parties, in relation to the execution of the works in question are referred to Arbitration. Under instructions from the parties, learned counsel agree and jointly submit that Shri Praneet Gupta, learned Advocate, present in the Court be appointed. Shri Praneet Gupta, learned Advocate has consented for the same. Accordingly, Shri Praneet Gupta, learned Advocate is appointed as a sole Arbitrator to adjudicate the dispute between the parties.
The disputes in question primarily relate to execution of construction work in Tehsil Rohru, District Shimla. Office of the respondent-Company is at Gurgaon. The Arbitrator shall be at liberty to hold the proceedings either at Gurgaon or at any place convenient to the parties, within the State of Himachal Pradesh.
Arbitrator shall issue notice to the parties for entering reference within two weeks. An endeavour shall be made by learned Arbitrator to complete the proceedings at the earliest possible. Parties undertake not to unnecessarily take any adjournments. Fee of the Arbitrator, as mutually agreed by learned counsel for the parties, shall be Rs. 1,00,000/- (Rupees one lac), which shall be shared by both the parties. 25% of the amount shall be paid to learned Arbitrator at the time of entering the reference, 25% at the time of conclusion of recording of evidence, if any and remaining 50% shall be paid at the time of passing of the award. In addition to the fee, Arbitrator shall be entitled for re-imbursement of secretarial allowances as also expenses for traveling to the site or Gurgaon which he may incur for conveyance, lodging and boarding. The learned Arbitrator shall be at liberty to take assistance of any technical expert. Registry is directed to supply a copy of this order to the learned Arbitrator, immediately.
With the aforesaid directions, present arbitration case is disposed of.
Copy Dasti.