Punjab-Haryana High Court
M/S Orient Craft Limited vs M/S Gtn Engineering (India) Ltd on 19 July, 2023
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2023:PHHC:091177
In the High Court for the States of Punjab and Haryana
At Chandigarh
ARB-478-2022 (O&M)
Date of Decision:-19.7.2023
M/s Orient Craft Limited ... Petitioner
Versus
M/s GTN Engineering (India) Ltd. ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Raghav Kakkar, Advocate for the petitioner.
Mr. C.S. Pasricha, Advocate for the respondent.
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GURVINDER SINGH GILL, J.
1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short hereinafter referred to as 'the Act') for appointment of an Arbitrator.
2. Admittedly, the parties had entered into an agreement dated 2.3.2021 (Annexure P-1) wherein the petitioner M/s Orient Craft Limited had placed order with the respondent M/s GTN Engineering (India) Ltd. for supply of fabric used for preparing finished products.
3. Clause 12 of the Agreement dated 2.3.2021 provides for resolution of dispute through Arbitration. A dispute having arisen, the petitioner served notice dated 18.10.2022 (Annexure P-4). On failure of respondents to do the needful, the instant petition is filed.
4. At the outset learned counsel for the parties submitted that they have instructions from their respective clients that this Court may appoint any KAMAL KUMAR 2023.07.20 16:41 I attest to the accuracy and authenticity of this document ARB-478-2022 (O&M) (2) 2023:PHHC:091177 independent and impartial Arbitrator to decide the disputes between the parties.
5. Accordingly, Justice R.P.Nagrath (Retd.) is appointed as the sole Arbitrator.
However, such appointment would be subject to the declaration to be made by Justice R.P.Nagrath (Retd.) under Section 12 of the Act with regard to his independence and impartiality to settle the disputes between the parties.
6. 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.
7. The venue for the Arbitration shall be at Arbitration Centre, Chandigarh or at any other place convenient to all concerned.
8. After seeking convenience of the Arbitrator, the parties are directed to appear before him on 4.8.2023 at 11:00 A.M. or any other date suitable to all concerned.
9. A copy of this order be sent to the appointed Arbitrator at the given address :
H.No. 162, Sector 123, New Sunny Enclave, Kharar, Mohali Phone No. 85588-09901
10. The petition is accordingly disposed of in the above mentioned terms.
19.7.2023 ( GURVINDER SINGH GILL )
kamal JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
KAMAL KUMAR
2023.07.20 16:41
I attest to the accuracy and
authenticity of this document