Gauhati High Court: In a petition filed by the petitioner under Section 11(5) read with Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘the Act’) for appointment of an arbitrator, Yarenjungla Longkumer, J., opined that the dispute between the parties was arbitrable in nature. Therefore, the Court referred parties to the arbitration and accordingly, appointed Khape Koza, Retired District and Sessions Judge of Nagaland, as an arbitrator to arbitrate the dispute between the parties, subject to his consent and disclosure.
Background
The petitioner entered into an agreement with the government of Nagaland for printing of lottery tickets for the State. The petitioner had executed print orders and raised bills from time to time and request had been made for payment to the State.
It was alleged that petitioner executed the contract to the extent of Rs. 47,88,395 for which the bills which have already been submitted to the respondents. However, out of the said bills, the Respondent 1-3 only paid a sum of Rs. 6,00,000 and did not pay the remaining amount, despite repeated requests and reminders.
The petitioner had approached various courts at Chandigarh, as part of the agreement was executed at Chandigarh, but finally an arbitration petition was filed before the Punjab and Haryana High Court. However, the Punjab and Haryana High Court was unable to decide the petition due to territorial bar.
Subsequently, the petitioner filed petition before the present Court for appointment of an arbitrator under Section 11 of the Act.
Analysis, Law, and Decision
The Court stated that there was a dispute between the parties, and such dispute was arbitrable in nature. The Court also noted that the contract entered between the parties provides for an arbitration clause.
Therefore, Court referred parties for the arbitration. Accordingly, Court also appointed Khape Koza, Retired District and Sessions Judge of Nagaland, as the arbitrator to arbitrate the dispute between the parties, subject to his consent and disclosure. The Court directed the place of arbitration to be at Kohima, Nagaland and directed the Registry to communicate the same to the mentioned arbitrator.
[Druckgragen India Ltd. v. State of Nagaland, Arb.P. 4 of 2024, decided on 13-06-2025]
Order by- Justice Yarenjungla Longkumer
Advocates who appeared in this case :
For the Petitioner: Amit Prashar, M Solo, J Newmai, Advocates.
Buy Arbitration and Conciliation Act, 1996 HERE
