Punjab-Haryana High Court
M/S Jmd Traders vs Punjab Mandi Board And Others on 17 February, 2023
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
Neutral Citation No:=2023:PHHC:030375
Arbitration Case No. 279 of 2022 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Arbitration Case No. 279 of 2022
Date of decision: 17th February, 2023
M/s JMD Traders
Petitioner
Versus
Punjab Mandi Board and others
Respondents
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present: Mr. J. S. Rana, Advocate for the petitioner.
Mr. Mrigank Sharma, Advocate for the respondents.
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AVNEESH JHINGAN, J (Oral):
This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') for appointment of an arbitrator for adjudication of disputes between the parties.
The petitioner was allotted work for construction of Steel Cover Shed. Clause 25 of the general terms and conditions provides for pre-arbitration mechanism and for dispute resolution through arbitration.
There was a dispute between the parties. The petitioner raised claim vide notice dated 25.3.2022. Thereafter, the petitioner served notice dated 5.6.2022 for appointment of arbitrator. The needful having not been done, the present petition was filed.
Reply filed on behalf of respondents No. 1 to 3 is taken on record.
Learned counsel for the parties agree to the appointment of Mr. Surinder Singh, District & Sessions Judge (Retd.).
Accordingly, the present petition is disposed of by appointing Mr. Surinder Singh, District & Sessions Judge (Retd.), H. No. 5413, Sector 38 (West), Chandigarh as sole arbitrator.
1 of 2 ::: Downloaded on - 31-05-2023 14:43:56 ::: Neutral Citation No:=2023:PHHC:030375 Arbitration Case No. 279 of 2022 [2] The arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended. The fee of the arbitrator will be equally borne by both the parties.
The arbitrator is requested to complete the proceedings as per time limit specified under Section 29A of the Act.
It is clarified that the reference shall be subject to the petitioner's complying with all the requirements of the agreement including the condition of pre-deposit.
Since the main case has been disposed of, pending applications, if any, stand disposed of.
Copy of the order be sent to the appointed arbitrator.
[AVNEESH JHINGAN] JUDGE 17th February, 2023 mk
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No Neutral Citation No:=2023:PHHC:030375 2 of 2 ::: Downloaded on - 31-05-2023 14:43:57 :::