Punjab-Haryana High Court
M/S Dreamz Consultancy Services vs Pandit Bhagwat Dayal Sharma Post ... on 5 February, 2020
Author: Deepak Sibal
Bench: Deepak Sibal
ARB-63-2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
ARB-63-2018
Date of decision: 05.02.2020
M/s Dreamz Consultancy Services
.....Applicant
versus
Pandit Bhagwat Dayal Sharma, PGIMS, Rohtak and another
......Respondents
CORAM: Hon'ble Mr. Justice Deepak Sibal
Present: Mr.Vivek Khatri, Advocate for the applicant
Mr.Surinder Garg, Advocate for the respondents
Deepak Sibal, J. (Oral)
The present application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 Act (for short, the Act) for appointment of an Arbitrator.
The respondents allotted to the applicant work of providing Accounting-cum-Payroll Software, Hardware and other outsourcing services. In this regard an agreement was entered into between the parties, which contained clause 32 as per which disputes between the parties were to be settled through the mode of arbitration.
Disputes having arisen between the parties, the applicant sent a legal notice to the respondents invoking the arbitration clause and requiring the respondents to appoint an independent and impartial Arbitrator. Having not received any response to the said notice, the applicant filed the instant application for the aforesaid relief.
After hearing learned counsel for the parties, for adjudicating the disputes between them, Justice S.D. Anand, a former Judge of this Court, is appointed as the Sole Arbitrator. However, such appointment would be subject to the declaration to be made by Justice Anand under Section 12 of the Act 1 of 2 ::: Downloaded on - 01-03-2020 02:46:31 ::: ARB-63-2018 2 with regard to his independence and impartiality to settle the disputes between the parties.
The Arbitrator is requested to complete the proceedings within the time limit specified under Section 29A of the Act.
The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended or as may be mutually settled by the parties and the Arbitrator.
As per agreement expressed by learned counsel for the parties, for the sake of the convenience of their respective clients as also of the Arbitrator, the venue of the Arbitration shall be at Chandigarh or at any other place which is suitable to all concerned.
A copy of the this order be forwarded to Justice Anand at the given address:-
Flat No.9, Orbit Apartments 1, VIP Road, Zirakpur Mobile No. - 8968326699 After seeking the convenience of the Arbitrator, the parties are directed to appear before him on 17.02.2020 at 11.00 A.M. or on any other date suitable to all concerned.
The matter is disposed of in the above terms.
05.02.2020 (Deepak Sibal)
gk Judge
Whether speaking/ reasoned: Yes/No
Whether Reportable: Yes/No
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