Punjab-Haryana High Court
M/S Gawar Construction Co vs State Of Haryana & Ors on 20 May, 2016
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
ARB-234-2015
Date of decision:- 20.05.2016
M/s Gawar Construction Company
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE
Present:- Mr. Vivek Khatri, Advocate,
for the petitioner.
Mr. Rahul Dev Singh, Deputy Advocate General,
Haryana.
* * * *
S.J. VAZIFDAR, A.C.J. (ORAL)
This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short the Act) for the appointment of an arbitrator.
2. Firstly, the petitioner has not produced the alleged arbitration agreement. The respondents have denied the existence of any arbitration agreement. It is not a case where the petitioner relies upon the arbitration agreement which the respondents deny. It is a case where the petitioner has not even produced whatever it alleges to be an arbitration agreement. Even conjecture is not possible for the precise arbitration clause is not referred to.
3. The reliance upon the order of the learned Single Judge of this Court in Bank Bandhu Co-operative Group Society Vs M/s Manasvi Construction Engineers & Contractors 1999(3) PLR 850 is not well founded. In that case, the petitioner at least relied upon an arbitration clause which was produced in the matter.
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4. Further, the petitioner filed a Civil Suit being Case No. 385-C/08 on 10.09.2008 which has reached the stage of hearing. The petitioner took out an application under Section 8 of the Act in that Suit before the Additional Civil Judge (Senior Division), Sirsa for referring the matter to the arbitrator which was dismissed vide order dated 08.12.2012 on the ground that there was no agreement between the parties. Thereafter, the petitioner filed a revision petition being Civil Revision No. 305 of 2013 which was dismissed by the learned Single Judge of this Court on 29.09.2015 with liberty to the petitioner to file an application under Section 11 of the Act. However, in view of the above facts, it is not possible to refer the matter to arbitration.
5. The petition is, therefore, dismissed.
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