Allowed

Manish Chaudhary v. Marketing Committee Shimla and Kinnaur

Himachal Pradesh HC8 Dec 2014ARB.C/4025/2013

Case brief

AI extract

What is this about?

This allowed application for appointment of an arbitrator under section 11 of the Arbitration and Conciliation Act, 1996 and section 80 of the H.P. Agriculture and Horticulture Produce Marketing Act, 2005 due to cancellation of lease deed and failure to appoint arbitrator under section 80.

What did the court decide?

Appointment of Mr. Varun Thakur as Arbitrator and Mr. Varun Chandel as Assisting Arbitrator. Direction to file claim petition within three weeks.

Manish Chaudhary Vs Marketing Committee Shimla and… — Arbitration | Himachal Pradesh HC (2014)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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Arb. Case No. 4025 of 2013

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Decided on: 8.12.2014

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Manish Chaudhary. …Petitioner.

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Versus

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Marketing Committee Shimla and Kinnaur.

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…Respondent.

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Coram:

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Hon’ble Mr. Justice Rajiv Sharma, Judge.

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Whether approved for reporting?¹ No. For the Petitioner : Mr. Narender Sharma, Advocate. For the Respondent: Mr. Sanjay Ronta, Advocate.

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Justice Rajiv Sharma, Judge (oral).

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This petition has been filed under sub-section (6) of section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator in terms of section 80 of the H.P. Agriculture and Horticulture Produce Marketing (Development and Regulation) Act, 2005. The respondent has cancelled the lease deed vide notice

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1 Whether reporters of the local papers may be allowed to see the judgment? No

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Annexure P-1. The petitioner sent reply to the notice vide Annexure P-3. The dispute has arisen between the parties. No Arbitrator has been appointed in terms of section 80 of the Act.

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Accordingly, I am satisfied that all the requirements of the Arbitration and Conciliation Act, 1996 have been fulfilled by the petitioner and the Arbitrator is required to be appointed to resolve all the disputes which have arisen between the parties.

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Accordingly, Mr. Varun Thakur, Advocate is appointed as Arbitrator and Mr. Varun Chandel, Advocate will assist the Arbitrator. The Arbitrator is directed to enter into reference within a period of two weeks from the date of receipt of the copy of the order.

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Thereafter, the petitioner is directed to file claim petition within a period of three weeks. Reply be filed by the respondent within a further period of three weeks. The pleadings, including, rejoinder and counter-claim, shall also be completed by the parties within a period of eight weeks after entering into reference by the Arbitrator. It shall be open to the

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Arbitrator to determine his own procedure with the consent of the parties. It shall also be open to the Arbitrator to fix his fee alongwith the fee of assisting Arbitrator. The award shall be made strictly as per the provisions of the Arbitration and Conciliation Act, 1996 within six months. Needless to add that the Arbitrator shall pass a speaking order. The Registry of this Court is directed to immediately inform Mr. Varun Thakur and Mr. Varun Chandel, Advocates about the passing of the order by sending a copy of this order to them.

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In view of this, the petition stands disposed of. Pending application, if any, also stands disposed of. No costs.

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(Justice Rajiv Sharma), Judge.

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8.12.2014

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awasthi

Manish Chaudhary v. Marketing Committee Shimla and Kinnaur

Case brief

What is this about?

What did the court decide?

Manish Chaudhary v. Marketing Committee Shimla and Kinnaur

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

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