Punjab-Haryana High Court
Virgo Softech Ltd vs Director on 23 April, 2014
Author: Sanjay Kishan Kaul
Bench: Sanjay Kishan Kaul
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Arbitration Case No. 43 of 2014 (O&M)
Date of Decision: 23.04.2014
Virgo Softech Ltd. ..Petitioner
Versus
Director, Food Civil Supplies & Consumer ..Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE.
Present : Mr. Sahil Sharma, Advocate, for the petitioner.
Mr. Harsimranjeet Singh Sethi, Addl. Advocate General,
Punjab for the respondent.
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SANJAY KISHAN KAUL C.J. (Oral)
The agreement inter-se the parties dated 31.03.2011 for carrying out the enrolment functions for UID project of Punjab Government in pursuance of the document dated 08.12.2010 contains an arbitration Clause 8.2. The dispute arose out of the said agreement and notice of arbitration was given by the petitioner on 30.01.2014. Since no Arbitrator was appointed, the present petition was filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, in which notice was issued on 07.03.2014.
Learned counsel for the respondents states that the Arbitrator has since been appointed by the designated Authority on 22.04.2014 for settlement of disputes of the petitioner as well as other agencies. The fact, however, remains that the respondents have lost the opportunity to appoint the Arbitrator in view of the judgments of the Supreme Court in Datar Swithgears Ltd. vs. Tata Finance Ltd. and another 2000(8) SCC 151 and Union of India vs. Bharat Battery Manufacturing Co. 2007(7) SCC 684. Sharma Ravinder 2014.04.23 19:32 I attest to the accuracy and integrity of this document Arbitration Case No. 43 of 2014 (O&M) [2] Moreover, learned counsel for the petitioner does not accept the Arbitrator appointed by the respondents.
In view of the aforesaid, this Court will have to appoint an Arbitrator.
Learned counsels for the parties state that in order to save the costs, it would be appropriate that sole Arbitrator is appointed by this Court. In this behalf, learned counsel for the respondent has obtained instructions from Ms. Hargunjit Kaur, Joint Secretary (Food), Nodal Officer, UID, who is present in Court. It is also agreed that the arbitration be held under the aegis of Chandigarh Arbitration Centre which would be governed by the Rules and the fee of the Arbitrator would be in accordance with the said Rules. Ordered accordingly.
Petition is accordingly allowed. Mr. Justice Ashok Bhan, retired Judge of Supreme Court of India, is appointed as sole Arbitrator for the said purpose.
A copy of the order be sent to the Arbitrator as well as to the Centre.
(SANJAY KISHAN KAUL) 23.04.2014 CHIEF JUSTICE 'ravinder' Sharma Ravinder 2014.04.23 19:32 I attest to the accuracy and integrity of this document