Bhupinder Pal Mahajan v. State of Hp and Another
Case brief
What is this about?
Arbitration and Conciliation Act 1996; Section 11(6) application; Section 15 termination of arbitrator's mandate; unilateral appointment of employee (Superintending Engineer, HPPWD Arbitration Circle, Solan) as sole arbitrator on 16.03.2024 under Clause 25; Section 12 amendments and Fifth Schedule (Act 3 of 2016, w.e.f. 23.10.2015) ignored by respondents; unanswered Annexure P-12 notice of 05.02.2024 to Chairman, Executive Committee, Indian Road Congress, New Delhi; appointment of Mr. K.D. Sood, Senior Advocate, conditioned on written Section 11(8) disclosure and consent; fee per Fourth Schedule; letter of award dt. 20.05.2020; applicant Bhupinder Pal Mahajan; respondents State of H.P.; disposed 05.07.2024; Chief Justice M.S. Ramachandra Rao; Himachal Pradesh HC Shimla.
What did the court decide?
Mandate of the respondents' employee-arbitrator (Superintending Engineer, HPPWD, Arbitration Circle, Solan) terminated under Section 15; Mr. K.D. Sood, Senior Advocate, appointed Arbitrator under Section 11, effective upon receipt of his written disclosure under Section 11(8) and his consent; fee per Fourth Schedule; copy of order to counsel and the Arbitrator.