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TMI Blog2023 (11) TMI 459X X X X Extracts X X X X X X X X Extracts X X X X ..... 1996 - HELD THAT:- Notice in this application had been given to the respondents and they have filed a reply opposing the entitlement of the applicant for GST on merits, but no pleading has been taken in reply filed by the respondents as to why an Arbitrator cannot be appointed. Admittedly, there is an Arbitration Clause 25 in the agreement between the parties providing for arbitration in the eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d off. - The Hon'ble Mr. Justice M.S. Ramachandra Rao, Chief Justice For the petitioner : Mr. Suneet Goel, Advocate For the respondents : Mr. Arsh Rattan, Deputy Advocate General ORDER M.S. Ramachandra Rao, Chief Justice (Oral) This application is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, the Act ) for appointment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rding to the applicant he made a request on 19.05.2021 for release of the final bill, GST and the royalty, but to no avail. Applicant contends that the work had been prolonged from 11.06.2015 to 30.04.2018, but the final bill had not been prepared till date. The details of the claims alleged to be pending with the respondents are set out in para-4. 3. Legal notice was got issued by the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ading has been taken in reply filed by the respondents as to why an Arbitrator cannot be appointed. Admittedly, there is an Arbitration Clause 25 in the agreement between the parties providing for arbitration in the event of a dispute arising between them. The existence of dispute is clear from the pleadings of both the parties and admittedly the applicant had issued Annexure P-3 notice dt. 9th De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Mall Solan, H.P., shall enter into reference, and shall pass an award in accordance with law. 8. Copy of this order be forwarded to the learned counsel for the parties as also to the learned Arbitrator. The learned Arbitrator so appointed shall be entitled to fee as per stipulation contained in 4th Schedule appended to the Act. 9. The application is disposed of accordingly. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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