IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Arbitration Case No.25 of 2009. Date of decision: 16.09.2009. Sh.Padam Singh & Others …Applicants Versus The Reliance Telecom Company Ltd. …Respondent Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 No. For the Petitioners: Mr.Paresh Sharma, Advocate. For the Respondent: Mr.Narender Sharma, Advocate. Dev Darshan Sud,J. This application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 praying for the appointment of an Arbitrator for settlement of the dispute which the applicants plead have arisen between them and the respondent. Annexure A-1 is the agreement entered into between the applicants and the respondent. In terms of clause 5(B) all disputes between the parties are to be referred for arbitration at Shimla. The clause reads: “5(B). In case any dispute or difference arising at any time between the parties hereto as to the construction, meaning or effect of 1 Whether the reporters of Local Papers may be allowed to see the judgement? Yes. 2 this agreement or any clause or matter herein contained or the right or liabilities of the parties hereto or otherwise howsoever in relation to this agreement the same shall be referred to the arbitration. In accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modifications or enactment thereof for the time being in force. The arbitration shall be carried out in English language and at Shimla”. The respondent of-course has denied its liability and submit that no amount is due and outstanding and only a sum of Rs.15,000/-, if at all any damage has been caused, is payable to the claimants- applicants which amount was offered by them to the applicants and was refused by them. Without going into the merits of the dispute, this application is allowed. Shri Rajiv Rai, Advocate, High Court of Himachal Pradesh, is appointed as a sole Arbitrator in this case. His fee is assessed at Rs.30,000/-. Parties submit that the matter being technical in nature, the assistance of a technical expert i.e. a duly qualified Civil Engineer is required. In this view of the matter, a further direction is issued that the Arbitrator shall take assistance of a Civil Engineer (serving or retired as the parties may agree by consent) 3 while assessing the claims/counter claims put forth by the parties. He shall be paid a sum of Rs.20,000/- in all. The remuneration of both the Arbitrator and the Engineer shall be borne in equal shares by the applicants and the respondent. Needless to say that secretarial and ancillary expenses will be reimbursed to the Arbitrator/Engineer on actual basis. The venue of arbitration will be at Shimla at a place which is convenient to both the parties. A clarification is issued that in case spot/property is to be inspected by the Arbitrator or the Engineer or both of them, they shall be paid their traveling expenses to and fro Shimla and also their stay and all sumptuary expenses at Kullu which expenses shall be borne by both the parties in equal shares. This application is disposed of accordingly. It is expected that the arbitration proceedings shall be completed on or before 31st March, 2010. Let a copy of this order be sent to the Arbitrator Shri Rajiv Rai, Advocate of this Court. Parties to appear before him on 8th October, 2009 at 1.00 P.M. in the Himachal Pradesh High Court Bar Association Room. The Arbitrator and the parties shall thereafter, in consultation, fix the venue for arbitration. September 16, 2009 (Dev Darshan Sud) (aks) Judge.