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Judgment
S.K. Mishra, J
In this application, filed under sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 (for short the ‘Act’), the applicant has prayed for appointment of one or more independent and impartial persons as Arbitrator(s) to constitute a sole Arbitrator.
Clause 54.2 of the Agreement dated 05.08.2016 is the arbitration clause for resolving the disputes between the parties, which is not disputed by the learned counsel for the respondent.
Both the learned counsel submit that the sole Arbitrator may be appointed. Both the learned counsel has made a suggestion before this Court that former Judge of this Court Mr. Justice V.K. Bist, R/o D-37, MDDA Colony, Sahastradhara Enclave, Sahastradhara Road, Dehradun, be appointed as the sole Arbitrator.
Hence, this application is disposed of accordingly by appointing Mr. Justice V.K. Bist, R/o D-37, MDDA Colony, Sahastradhara Enclave, Sahastradhara Road, Dehradun, as the sole Arbitrator to resolve the dispute between the parties.
Let the Arbitrator be intimated accordingly. The learned Arbitrator shall, in terms of Section 11(8) of the 1996 Act, furnish his disclosure in writing to this Court within 15 days from the date of receipt of a certified copy of this order. He shall, thereafter, fix his remuneration, and charges towards other expenses, in consultation with the parties to the dispute. He shall endeavour to complete the arbitral proceedings, and to pass an award with utmost expedition, preferably within six months from the date on which he enters upon a reference.