Punjab-Haryana High Court
M/S Laxmi Builders Thr Its Proprietor ... vs Union Of India And Ors on 12 February, 2020
Author: Deepak Sibal
Bench: Deepak Sibal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sr. No. 207 ARB-238-2018 (O&M)
Date of decision : 12.02.2020
M/s Laxmi Builders ..... Applicant
VERSUS
Union of India and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
Present: Ms.Deepali Puri, Advocate, and
Ms.Brea Sandhu, Advocate, for the applicant.
Mr.Vivek Gupta, Advocate, for the respondents.
*******
DEEPAK SIBAL, J. (ORAL)
Written statement filed on behalf of the respondents in Court today is taken on record.
The present application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.
The parties entered into an agreement as per which the applicant was to execute construction, maintenance and repair works for the respondents at different locations at Air Force Station, Ambala. Admittedly, as per Clause 70 of such agreement disputes between the parties were to be settled through the mode of arbitration.
Disputes having arisen between the parties, through notice dated 17.05.2018 the applicant invoked the arbitration clause and required the respondents to appoint an Arbitrator to which the respondents did not respond occasioning the filing of the present application.
After hearing learned counsel for the parties, Mr.Vimal Bakshi, District & Sessions Judge (Retd.) is appointed as the sole Arbitrator. However, such appointment would be subject to the declaration to be made by Mr.Bakshi under Section 12 of the Act with regard to his independence and impartiality to 1 of 2 ::: Downloaded on - 14-02-2020 01:25:14 ::: ARB-238-2018 (O&M) [2] settle the dispute between the parties.
The Arbitrator is requested to complete the proceedings within the time limit specified under Section 29A of the Act.
The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended or as may be mutually settled by the parties and the Arbitrator.
As per agreement expressed by learned counsel for the parties, for the sake of the convenience of their respective clients as also of the Arbitrator, the venue of the arbitration shall be at Ambala.
A copy of the this order be forwarded to Mr.Vimal Bakshi, District & Sessions Judge (Retd.) at the given address:-
BDPO Residence, Near Kali Mata Mandir, Naraingarh, Ambala (Mob. No.99919-22244) After seeking the convenience of the Arbitrator, the parties are directed to appear before the Arbitrator on 25.02.2020 or on any other date suitable to all concerned.
The matter is disposed of in the above terms.
12.02.2020 [ DEEPAK SIBAL ]
shamsher JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
2 of 2
::: Downloaded on - 14-02-2020 01:25:15 :::