w ^) ^5 •^-'•••" es^?*^9^a1^ IN_THE HIGH COURT OF CHHATTISGARH AT BILASPUR (^yai'c^iW ARBA N0. £^ OF 2011 APPLICANT ^ ^^ ^^ ^yA y./'^' ^^' o^ NON-APPLICANTS 2. M/S. J.K. Agarwala, proprietorship firm through its Proprietor J.K. Agarwala, S/o Late Shri Ram Narayan Agarwala, aged about 71 years, R/o Rourkela, Civil Township, Qr.No.I-19, Rourkela - 4, Distirct Sundergarh (Orissa). Versus South Eastern Central Railway (Formerly South Eastern Railway), through its General Manager, Zonal Office, Bilaspur (CG). The Chief Engineer (Construction), South Eastern Central Railway, Bilaspur(CG). APPLICATION UNDER SECTION 11 (6) READ WI'm SECTION 15 (2) OF THE ARBITRATION AND GONCILIATION ACT, 1996 FOR APPOINTMENT OF 3UBSTITUTE ARBITRATOR 'f r -/ / ^ '% if' 1 ^m&f^ f •^ HIGH COURT OF CMHATTISGARH AT BILASPUR Arbitration ApDlication No. 56 of 2011 Applicant M/s J.K. Agarwala. Versus Non-AppIicants South Eastern Central Railway (Formerly South Eastern Railway) and another. APPLICATION UNDER SECTION 11 (6) READ WITH SECTION 15 (21 OF THE ARBITRATION AND CONCILIATION ACT.1996 (SB: Hon'ble Mr. N.K. Aaarwal. J.) Present : Mr. Rajendra Tripathi, counsel for the applicant. Mr. Vivek Verma, counsel for the respondents. ORAL ORDER (11.10.2011) 1. This is an application for appointment of substitute Arbitrator fiied under Section 11 (6) read with Section 15 (2) of the Arbitration and Conciliation Act, 1996 (for short 'the Act'). 2. The applicant had entered into a contract agreement with non- applicant No.1 for the work named "Execution of earthwork in formation of bank with mechanical compaction and in cutting, protection works such as pitching, turfing etc with other aliied works in connection with construction of 3rd Line between Akaltara and Champa Railway Stations". 3. As per clause 64 of the General Conditions of the Contract, in the event of any dispute or difference between the parties hereto shall be referred to arbitration as per procedure prescribed under clause 64 (1) of the said General Conditions of the Contract. 4. A dispute arose between the partses with regard to contract agreement No. 155/AKT-CPH/CPM/SER/94. 5. This Court in M.C.C. No.6/2006, vide order dated 14.08.2006, appointed Hon'ble Mr. Justice K.L. Shrivsstava, former Judge of High .^•"-3€"'^ @ -) -' Court of Madhya Pradesh as sole arbitrator to adjudicate the dispute between the parties and the parties also participate^ inthe arbitration proceedings. 6. Hon'ble Mr. Justice K.L.Shrivastava, the sole arbitrator, withdrawn himself from the office due to ill-health. Therefore, mandate in his favour stands terminated as provided under Section 15 (1) ofthe Act. 7. Shri Rajendra Tripathi, learned counsel for the applicant would submit: appointment of substitute arbitrator, in the above facts and circumstances of the case, is necessary. 8. Prayer is not opposed by the learned counsel for the respondents. 9. Learned counsel for the parties subrnit that they have no objection if Hon'bie Mr. Justice V. K. Agrawal, former Judge of High Court of Madhya Pradesh is appointed as sole arbitrator in the present case. 10. Therefore, l hereby, with the consent of the parties, appoint Hon'ble Mr. Justice V.K. Agrawal, former Judge of High Court of Madhya Pradesh, as sole arbitrator, subject to his consent. 11. The Hon'ble Arbitrator may settle his terms and conditions and remuneration. 12. Registry to intimate Hon'ble Mr. Justice V.K.Agrawal, former Judge of High Court of M.P. about his appointment as Arbitrator and to send all the papers along with address of the parties. 13. Parties are also directed to approach Hon'ble Mr. Justice V.K. Agrawal, who is presently residing at B-12, "Aakriti Gardens", Nehru Nagar, Bhopal - 462 003 (M.P.), and to submit papers and to take part in arbitration proceedings. 14. In view of the above, this application for appointment of substitute Arbitrator stands disposed of. Sd/- N.K. Agarwal Judge