Octavo Solution Pvt L.T.D v. Principal Secy, Cum Commnr,Panchayat Raj And Drinking Water Dept.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ARBP No.62 of 2021 Octavo-Solution Pvt. Ltd., New Delhi ....

Petitioner Mr. Kamal Behari Panda, Advocate -versusPrincipal Secretary-cumCommissioner, Government of Odisha and others ....

Opposite Parties Mr. S. N. Das, ASC for Opposite Party 1 and Mr. S. S. Mohanty, Advocate for Opposite Parties 2 and 3

CORAM:

THE CHIEF JUSTICE

ORDER

25.03.2022 03.

1. Heard learned counsel for the Parties.

Order No.

2. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Act) seeks the appointment of an Arbitrator to adjudicate the disputes between the Petitioner and the Opposite Parties arising out of a Memorandum of Understanding (MoU) dated 25th January, 2016 under the Aajeevika State Skills Mission (ASSM), known as DDU-DKY between the parties.

3. The Court has already held in its order dated 11th March, 2022 in Arbitration Petition No.48 of 2021 that an identical clause as Clause8 is in fact an Arbitration clause and, therefore, the dispute between the parties can be referred to arbitration.

4. Consequently, the Court disagrees with the objection raised by the Opposite Parties here that the aforementioned clause is not in fact an Arbitration clause.

5. Having heard learned counsel for the parties, the Court appoints Mr. Justice Pramath Patnaik, former judge of this Court as the sole Arbitrator to adjudicate the disputes between the parties including the claims and counter claims. The arbitration shall take place under the aegis of the High Court of Orissa Arbitration Centre.

6. The arbitration petition is disposed of accordingly. A copy of this order be communicated to the Coordinator, Orissa Arbitration Centre and the learned Arbitrator forthwith.

(Dr. S. Muralidhar) Chief Justice M. Panda