(G) e^ ^<EP>" IN THE HIGH COURT OF JUDICATURE AT BHASPUR (CHHATTISGARH) fv\. c. c. No:~_^3__/200; PETTTIONER RESPONDENTS y ^^ .'••"^•^* ^0',^^^ ^\-^'Y c.->y" : M/sA.P. Through Managing Director, Shri Gopi Ram Agrawal, S/o Late Shri A.P. Agrawal, Aged about 54 years, Resident of A.P. Bhawan, Korba Distt:Korba(CG) -Versus- ^ 1. CUhattisgarh State Electricity Board, Through: Chairman, Chhattisgarh State Electricity Board, Raipur (Chhattisgarh) 2. ChiefEngineer (CivU) Chhatrisgarii State Electricity Board, Raipur (Chhattisgarh) . The Additional Supdtg. Engineer (Civil) ^Uiattisgarh S&te Electricity Board, Korba (East), Distt: Korba (Chhattisgarh) APPLICATION UNDER SECTION 11 (6) OF THE ARBITRATION A3SaCONCILIATION ACT, 1996 FOR APPOESTTMENT OF SOLE ARBITRATOR : ,,.!:.|r^:^ ^ .// Ql. Particulars ofthe petitioner : As stated above m the cause titlei. 02. Particulars ofthe Respondents As stated above in flie cause title. XI-HC-78 \jire|r^|141ri's<,WCTl"M<i<a,Rio')iray 1|*liC91^*TT^ .ffl;^:.^,^^. sii^CTwR-ii* yaisi^sssw t 3n^'ra^('}crt36R3) <telflfo4)'l*ll*1riT^'K><l'<Ritci'( ^3tl^*T3II^?T ^ ?. 02-09-20re Heard Mr. N.K. Agrawaf, Sr. Advocate with Mr. Deepak Gupta, Advocate for ttie petitioner an<) Mr. Prashant Mishra Sr. Advocate with Mr. V.R. Tiwari, Advocate forth^ respondents. . An agreement was ent^red into between the petitioner and the respondents where-under the raising of height from RL 303M petitioher was to undertakethe work of to 306M Stage-11 of permanent Ash Dyke General Conditions of Contract the parties provided for setUent and also laid down the procedit petitioner hasstated in the applf Pond'No.2at Risdi of Korba (E|ast Bank). Some disputes and difference arose between the parties und^r the said agreement. Clause -27 ofttie incorpQrated inthe agreement between icnt ofall such disputes by an Arbitrator ire for appointment of an arbitrator. The caUon that though a request was made to appoint an Arbitrator, the respo^idents did not appoint an Arbitrator as per the said procedure. The petitior|er has therefore prayed for an order to be passed by the Chief Justii Arbitrator to adjudicate upon th^ djsputes between the parties. Sub-section (6) of Secti Act, 1996 provides that where agreed procedure apariymay i institution designated by him to appointing an independent and sole t>n 11 of the Arbitration and Conciliation ^ party fails to act as required under ttie equest the Chief Justiceor any person or take the necessary measure for securihg the appointment. Since respontlents have failed to act as per theagreed procedure inthe General Con^litions of Contract for appointment of an Arbitrator, 1 appoint Shri Justic|eA.S.V. Moorthy, retired ChiefJustice of Chhattisg8rh High Court as a|h Arbitrator to decide the disputes and differences between the parties|subjecttohis conseht. 1^^^^^^^^^^ • ^^•^.•r'^^^^^^^^ffi^!^^Ksii^::^^^^(^^^^^- ^ \3fC| t|ien0'tl, t»T1IWK5; *IIIW|WTW 3"t?i®iR'<i<t'1 ;(gM3ii^?T**ii* t,^l -A> -o^ N:^.....M/^^, an^wli^P('pfg^s) ^Ff2i&0 g^ITSR^lfeTSII^I -^ _ a-- Parties haveexpressed bfefoiS of arbitration to be at Bilaspurfoil Arbitratorwill abkle by the saidi Parties/are entiUed for certlfjed re|quest *l<lfd4)'< *ll*<dT'II^'<l i!uliS!i ^at^rsii^i me that they would like the venue convenience ofthe parties. 1 hopethe as faras practicable. copyofUiisoreler Sd/- ChiefJustice B ^ F'te 111 1-j'l