IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Arbitration Petition No. 14 of 2008 M/s Triveni Construction Company. ..……… Petitioner Versus Lok Nirman Vibhag & others. .……… Respondents Mr. S.K. Jain, Advocate for the petitioner. Mr. Sudhir Kumar, Brief Holder for the State. Hon’ble V.K. Gupta, C.J. This petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, coming up today for consideration, the parties agreed that it be disposed of as settled, and based upon their consent, the following agreed order be passed: Clause 34 of the General Conditions of Contract [G.P.W.-9 (revised)] is the arbitration agreement between the parties. It is in pursuance of this agreement that the petitioner had sent a notice to the respondents on 2nd April, 2008 either for payment of its dues or, alternatively, for appointment of the Arbitrator. This notice was received by the respondents on 5th April, 2008, but till the time of filing of the petition in this Court, the respondents did not act in any manner upon this notice nor admittedly did the competent authority appoint the Arbitrator. Based upon the aforesaid, the parties have now suggested to the Court and agreed that Sri Justice O.P. Garg (Retd.), former Judge of the High Court of Allahabad, be appointed as the Sole Arbitrator (Single Member Arbitral Tribunal). They also suggest that the venue of the arbitration proceedings can be both at Noida as well as Dehradun depending upon the convenience of the Arbitrator, preferably at Dehradun as much as it is possible. 2 The petition accordingly is disposed of. Sri Justice O.P. Garg (Retd.) is hereby appointed as the Single Member Arbitral Tribunal to adjudicate upon the disputes between the parties forming the subject matter of this petition. The parties are at liberty to file their claims / counter claims before the learned Arbitrator, who may enter upon the reference at his immediate convenience. The choice of venue of the arbitration proceedings is left to be decided by the learned Arbitrator, but in consultation with the parties and subject to his convenience, he may hold the sittings both at Noida as well as at Dehradun. (V.K. Gupta, C. J.) 25.06.2008 G