Punjab-Haryana High Court
M/S Subhash Infraengineers Pvt. Ltd vs Haryana Power Generation Corporation on 28 July, 2017
Author: S.J. Vazifdar
Bench: S.J. Vazifdar
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
ARB-102-2017 (O&M)
Date of decision:- 28.07.2017
M/s Subhash Infraengineers Pvt. Ltd.
...Petitioner
Versus
Haryana Power Generation Corporation, Panchkula
...Respondent
CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE
Present:- Mr. Gaurav Mohunta, Advocate,
for the petitioner.
Mr. Prateek Mahajan, Advocate,
for the respondent.
* * * *
S.J. VAZIFDAR, C.J. (ORAL)
This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator.
2. The parties had entered into a contract which admittedly contains an arbitration clause. The respondent's Managing Director was entitled to appoint the arbitrator. He had, however, failed to do so despite the petitioner invoking the arbitration clause.
3. The dispute is whether the respondent rightly deducted amount(s) towards the Labour Welfare Cess. This is a dispute which the arbitrator should decide.
3. The petition is, therefore, disposed of by appointing Mr. M.K. Bansal, a retired District and Sessions Judge, Haryana, as the sole arbitrator.
(S.J. VAZIFDAR) CHIEF JUSTICE 28.07.2017 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No 1 of 1 ::: Downloaded on - 31-07-2017 03:33:43 :::