Punjab-Haryana High Court
Narula Buidwell Pvt. Ltd vs Punjab Mandi Board And Others on 23 January, 2020
Author: Deepak Sibal
Bench: Deepak Sibal
ARB No.8 of 2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.211
ARB-8-2018
Date of decision: 23.01.2020
M/s Narula Buildwell Pvt. Ltd. ....Petitioner
versus
Punjab Mandi Board and others ....Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
Present: Mr. Balbir Singh Jaswal, Advocate
for the petitioner.
Mr. Sanjeev Soni, Advocate
for respondents No.2 and 3.
* * *
DEEPAK SIBAL, J. (Oral)
The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short - the Act) for appointment of an Arbitrator in a domestic commercial dispute.
As per the agreement between the parties, the petitioner was to execute construction work on behalf of the respondents in Jandiala. Admittedly, as per clause 25 of the agreement disputes between the parties arising out of the agreement were to be settled through the mode of Arbitration.
Disputes having arisen between the parties, the arbitration clause was invoked by the petitioner seeking the respondents to appoint an Arbitrator. However, no Arbitrator was appointed, occasioning the filing of the present petition.
After hearing learned counsel for the parties and with their consent, for adjudicating the disputes between them, Sh. Amarjit Singh 1 of 2 ::: Downloaded on - 09-02-2020 19:30:14 ::: ARB No.8 of 2018 -2- Katari, Additional District Judge (Retd.), is appointed as the sole Arbitrator. However, such appointment would be subject to the declaration to be made by Sh. Katari under Section 12 of the Act 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 Arbitration Centre, Chandigarh or at any other place convenient to all concerned.
A copy of the this order be forwarded to Sh. Amarjit Singh Katari, Additional District Judge (Retd.) at the given address:
H.No.145, Phase 3B-1, Sector-60, Mohali.
After seeking the convenience of the Arbitrator, the parties are directed to appear before him on 07.02.2020 at 11 A.M. or any other date suitable to all concerned.
The matter is disposed of in the above terms.
January 23, 2020 (DEEPAK SIBAL)
Jyoti 1 JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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