^ iw^^' n^m^ lliy^y ^^u-^ii IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR Arbitration Application No. 1-2- /2008 Applicant Versus Non-applicants ,........:--^:^. ^h 'Himcon Estate 85 Developers Pvt. Ltd. Through : Manish Jain Director, Aged about 39 years, S/o Keshri Chand Jain, R/o H.N. 1159/14, Sultania Niwas Street, Talapara Road Vinoba Nagar Bilaspur (C.G.) ^he Managing Director, M/s Aryan Ispat & Power Pvt.Ltd. Rajendra Nagar Chowk, Link Road ( Registered office) Bilaspur (C.G.) ............-^^' ^^. %o.....----^"^"r"fcL^M ^^ IraseRted by Shri ...^^•^^1 ^ The Managing Director, M/s Aiyan Ispat & Power Pvt. Ltd., NH-6, Ainthapali, Sambalpur - 768004( Orissa) \- ^. Shri Vinod Jain (Director) M/s Aryan Ispat & Power Pvt. Ltd., C/o Vardhman Road Lines, Near Triveni Bhawan Vyapar Vihar Road, Bilaspur (C.G.) Shri G.S. Gercha (Executive Director) M/s Aryan Ispat & Power Pvt. Ltd., NH-6, Ainthapali, Sambalpur- 768004 (Orissa) APPLICATION UNDER SECTION 11(6<®)FTHE ARBITRATION & CONCILIATION ACT 1996 FOR APPOINTMENT OF AN ARBITRATOR. ^ NSGH COURT OF CHHATTISGARH AT BiLASPUR Arbjtration Apjaiicatjon No. 12 of 2008 APPUCAJSST Hjmcon Estate & Deveiopers Pvt. Umited. Wrsys NON-APPLiCAISiTS The Managing Dlrector, SVi/s Aryan ispat & Power Pvt. Ltd. and others. APPLICATiOISJ UNDER SECTSON 11 (5) & (6) OF THE ARB!TRATJON AMD CONCiLIATION ACT. 1988 FOR APP03NTJVJENT OF AN ARBSTRATOR (SB: Hon'bie S^lr. N.K. Aaarwal. J.) Present : Mr. Deepak Jain, counse! for the applicant. Mr. V.C. Ottaiwar and Mr. Sumit Singh, counsel forJhe non-appllcants. ORAL ORDER (17.11.2011) 1. The petitioner has preferred appiication under Section 1 1 (5) and (6) of the Arbitration and Conciliation Act, 1996 (henceforth 'the Act') for appointment of an Arbjtrator. 2. According to the appiicant, the petitioner is limited Company Incorporated under the Indian Compantes Act, 1956 having its office at NH.1159/14, Taiapara Road, Vlnoba Nagar, Biiaspur. Non- appiicants "M/s Aryan ispat & Power Pvt. Ltd." is iimited Company incorporated under the indian Companies Act; 1955 having its office at LinR Road, Biiaspur. 3. Work of civii construction v/as assigned to the appiicant by the non- appiicants vide work order dated 25.12.2004. Petitioner/Company successfulfy compieted the job which was aiso endorsed by respondents/Company vide its jetter dated 17.1.2006 v>?ritten to the District Labour Office, Sambaipiur (Orissa). However the payment has not been made. Therefore, the dispute has arisen, Vide notice dated 29.10.2007 (Annexure P-11), request was made by the petitioner for appointment of an Arbitrator to the respondents. However, no Arbitrator was appointed. Hence, this petition. 4. I have heard counsei for the parties and perused the material avaijabie on record. 5. Considering that the parties to the proceedings had entered jnto contract which contains arbitration ciause and further considering that the non-appiicants had feiied to act on the request of the spplicant for appointment of arbitrator and also considering that the dispute had arisen out of contract agreement, this Court is of the opinion that a case for appomtment of arbitrator is made out. 6, Learned counsel for the parties submst that they have no objectjon sf Hon'bie Shri Justice V.K. Shrivastava, former Judge of High Court of Chhattisgarh, Bilaspur is appointed as soie Arbitrator in the present case. 7. Therefore, i hereby, with the consent of the parties, appoint Hon'ble Shri Justice V.K. Shrivastava, former Judge of High Court of Chhattisgarh, at Bilaspur, as soie arbitrator, subject to his consent. i 8. The Hon'bie Arbitrator may settte his terms and conditjons and remuneration. 9. Registry to intimate Hon'bie Shri Justice V.K. Shrivastava, former Judge of Hjgh Court of C.G., Bslaspur, about his appointment as Arbitrator and to send ail the papers along wsth address of the parties. 10. Parties are aiso directed to approach Hon'bie Shri Justice V.K. Shrivastava, who is presently residing at "Mridu Viila", Warehouse Road, Biiaspur and to submit papers and to take part in arbitration proceedings. 11. Sn view of above, this application for appointment of Arbitrator stands dlsposed of. Sd/- N. K. Agarwal Judge &'