COURT NO.1
HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
Arb.P. No. 02/2024
MR. CB HANG YAKU RAI PETITIONER (S)
VERSUS
M/S A.K. BUILDERS RESPONDENT (S)
For Petitioner : Mr. M. N. Dhungel, Advocate.
For Respondent : Mr. Sudesh Joshi, Mr. Adarsh Gurung and Ms.
Gazala Parvin, Advocates.
Date: 03/12/2024
CORAM:
HON’BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
…
O R D E R
This is an application under section 11 of the Arbitration and Conciliation
Act, 1996 (as amended till date), for appointment of an Arbitrator.
Having heard the learned Advocates for the parties and upon perusing the
instant application, this Court is of the view that there is an arbitrable dispute
which has arisen and which requires adjudication by an Arbitral Tribunal
comprising of a sole Arbitrator.
During the course of hearing, this Court asked the learned Advocates of
both parties to name any learned Senior Advocate of this Court who could be
nominated as the learned sole Arbitrator to adjudicate upon the dispute between
the parties. Both the learned Advocates have come up with one common name;
that of a designated Senior Advocate of this Court, namely, Shri Asutosh Moulik.
Mr. Moulik may be appointed as a sole Arbitrator for adjudication of the
disputes which may have arisen between the parties. It will be open to the
learned Arbitrator to select the venue of arbitration and also determine his fees
as well as the required fees/charges for secretarial assistance. The learned
Arbitrator may initiate the arbitral proceeding as expeditiously as possible,
preferably within a period of four (4) weeks from date of communication of a
1 2
Page of
COURT NO.1
HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
photostat certified copy of this order. The learned Arbitrator is also requested to
conclude the arbitral proceeding within a reasonable period of time.
Since no affidavits were called for, allegations made in the instant
arbitration petition shall be deemed to have been not admitted by the
respondents.
The application is, accordingly, disposed of.
(Biswanath Somadder)
Chief Justice
jk/ab/ami
2 2
Page of