Punjab-Haryana High Court
M/S Geofin Investments Pvt Ltd vs Adesh Gupta on 1 December, 2025
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
ARB-388-2025 -1-
247
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
ARB-388-2025
Date of decision: 01.12.2025
M/S GEOFIN INVESTMENTS PVT. LTD.
...Petitioner(s)
VERSUS
ADESH GUPTA
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Mr. Dinesh Maurya, Advocate for the petitioner.
Mr. Pulkit Sachdeva, Advocate for the respondent.
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JASGURPREET SINGH PURI, J. (Oral)
1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') seeking appointment of an independent Arbitrator to adjudicate the disputes and differences which have arisen between the parties.
2. Learned counsel for the petitioner submitted that there exists an agreement between the parties vide Annexure P-3 in the form of a Memorandum of Understanding dated 08.06.2021 with regard to purchase of land. He further submitted that the aforesaid agreement contains a valid arbitration clause i.e. Clause 7, which provides that in case of dispute arising under or in connection with the MOU between the parties, the same shall be decided by reference to the arbitration of a Sole Arbitrator to be decided by both the parties. He further submitted that a dispute arose between the parties and the petitioner invoked the aforesaid arbitration clause by issuing a notice dated 27.09.2024 (Annexure P-4) but no response was received from the respondents 1 of 2 ::: Downloaded on - 04-12-2025 00:13:38 ::: ARB-388-2025 -2- and therefore, the present petition has been filed seeking appointment of an independent Arbitrator.
3. On the other hand, learned counsel for the respondent submitted that there is no dispute with regard to the existence of the aforesaid agreement and the arbitration clause and therefore, the respondent has no objection in case a Sole Arbitrator is appointed by this Court.
4. In view of the aforesaid facts and circumstances, the present petition is allowed. Hon'ble Ms. Justice Nirmaljit Kaur, a former Judge of this Court, resident of # 188, Sector 11-A, Chandigarh, Mobile No.-9610478000, E-mail [email protected], is nominated as the Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory provisions including Section 12 of the Act.
5. Parties are directed to appear before the learned Arbitrator on date, time and place to be fixed and communicated by the learned Arbitrator at her convenience.
6. Fee shall be paid to the learned Arbitrator in accordance with the Fourth Schedule of the Arbitration Act, as amended.
7. Learned Arbitrator is also requested to complete the proceedings as per the time limit prescribed under Section 29-A of the Act.
8. A request letter alongwith a copy of the order be sent to Hon'ble Ms. Justice Nirmaljit Kaur, a former Judge of this Court.
(JASGURPREET SINGH PURI)
01.12.2025 JUDGE
Chetan Thakur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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