Punjab-Haryana High Court
M/S Chandan Arvind Construction ... vs State Of Punjab And Anr on 23 February, 2018
Author: S.J. Vazifdar
Bench: S.J. Vazifdar
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
ARBs-229 & 232-2017 (O&M)
Date of decision:- 23.02.2018
M/s Chandan Arvind Construction Company
...Petitioner
Versus
State of Punjab and another
...Respondents
ARB-231-2017 (O&M)
M/s Chandan Arvind Construction Company
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE
Present:- Mr. Dheeraj Mahajan, Advocate,
for the petitioner.
Mr. Avinit Avasthi, Assistant Advocate General, Punjab.
* * * *
S.J. VAZIFDAR, C.J. (ORAL)
CM-2612-CII-2018 in ARB-229-2017 CM-2613-CII-2018 in ARB-231-2017 CM-2615-CII-2018 in ARB-232-2017 Leave is granted to place on record the replies filed on behalf of the respondents and the applications are allowed. ARBs-229, 231 & 232-2017 These petitions are for the purpose of this order similar. The petitions are filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short the Act) for the appointment of an arbitrator.
2. In each of the cases, the petitioner had entered into separate contracts. Each contract contains an arbitration 1 of 2 ::: Downloaded on - 05-03-2018 06:47:35 ::: ARB-229, 231 & 232-2017 (O&M) 2 clause. Disputes and differences having arisen between the parties, the petitioner addressed a letter to the Superintending Engineer for his decision. No decision was given. The petitioner thereupon invoked the arbitration clause. Even assuming that the respondents' officer is entitled to nominate an arbitrator the right to do so stands forfeited as the respondents have not exercised the right after the service upon them of the notice invoking the arbitration clause and to date.
3. The petitions are disposed of by appointing on the written request of both the parties Mr. A.K. Sharma, a retired Additional District and Sessions Judge, Jalandhar, as the sole arbitrator in respect of each of the petitions. The request is taken on record and marked 'X'. The fees shall be as per the Chandigarh Arbitration Centre (CAC) (Administrative Cost and Arbitrators' Fees) Rules, 2014. The references shall be separate and separate awards shall be passed in each case.
(S.J. VAZIFDAR) CHIEF JUSTICE 23.02.2018 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No 2 of 2 ::: Downloaded on - 05-03-2018 06:47:40 :::