Punjab-Haryana High Court
Punjab State E-Governance Society vs Sisl Infotech Pvt Ltd on 30 September, 2024
Neutral Citation No:=2024:PHHC:129739
ARB-543-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
281 ARB-543-2023
Date of Decision: 30.09.2024
Punjab State E-Governance Society ...Applicant
Versus
SISL Infotech Private Limited ...Respondent
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: - Mr. Rahul Chadha, Advocate
for Mr. Shekhar Verma, Advocate for the applicant
Mr. Shubham Aggarwal, Advocate for the respondent
***
JAGMOHAN BANSAL, J. (Oral)
1. Through instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short '1996 Act'), the applicant is seeking appointment of an Arbitrator.
2. The parties entered into agreement dated 08.12.2020 (Annexure P-1). A dispute erupted between the parties. There is an arbitration clause in the aforesaid agreement. The execution of agreement, arbitration clause in the agreement and service of notice under Section 21 of 1996 Act is not disputed.
3. Mr. Shubham Aggarwal, Advocate appeared and filed his Power of Attorney on behalf of the respondent. The same is taken on record. Registry is directed to tag the same at an appropriate place. He submits that he leaves it to this Court to make appointment of an independent Arbitrator.
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4. Conditions to invoke power conferred by Section 11(6) of 1996 Act stand satisfied, thus, I hereby appoint a sole Arbitrator to adjudicate the dispute between the parties.
5. Mr. V.K. Gupta, District & Sessions Judge (Retired), residing at House No. 70, Punjab Judges Enclave, Sector 77, Mohali -140308, Mobile No. 7696572387 is hereby appointed as a Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory requirements. The learned Arbitrator is requested to comply with mandate of Section 12 of 1996 Act before proceeding further.
6. Parties are directed to appear before the learned Arbitrator on date, time and place to be fixed by the Arbitrator at his convenience.
7. The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended.
8. The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act.
9. Needless to mention, parties would be at liberty to raise all the claims/defences/counter claims/pleas before the Arbitrator. Any observation made hereinabove will not be binding on the learned Arbitrator.
10. A request letter along with copy of this order be sent to Mr. V.K. Gupta.
(JAGMOHAN BANSAL)
JUDGE
30.09.2024
Mohit Kumar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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