Jitender Kumar Govt. Contractors & Engineers v. Public Works Departments

1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (1996 Act), for reference of the disputes between the parties to arbitration.

2. Mr. Sanjay Bhaumik, learned Counsel for petitioner submits that, after this petition was filed, his client has received a copy of a letter dated 4 April 2024, suggesting the names of the five retired officers of the CPWD and allowing the petitioner of choose any one of them as Arbitrator.

3. He submits, on instructions, that his client is willing to have ARB.P. 293/2024 dispute arbitrated by Mr. Jatan Swarup Sharma, Retd. SDG, CPWD.

4. Accordingly, the dispute between the parties stands referred to Mr. Jatan Swarup Sharma for arbitration. The learned Arbitrator shall be entitled to fees as per the Fourth Schedule of the 1996 Act.

5. All issues of facts in law are left open for agitation before the learned Arbitrator.

6. The learned Arbitrator would the file requisite disclosure under Section 12 of the 1996 Act within a week of entering the arbitration.

7. The petition stands allowed with no order as to costs.

8. The respondent shall also be at liberty to urge counter claims before the learned Arbitrator in accordance with law.

C. HARI SHANKAR, J.