Punjab-Haryana High Court
Sanvik Engineers Private Limited vs M/S Ourspace Solutions Private Limited on 28 April, 2023
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
Neutral Citation No:=2023:PHHC:060769
Arbitration Case No. 6 of 2023. 2023:PHHC:060769 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Arbitration Case No. 6 of 2023
Date of decision: 28th April, 2023
Sanvik Engineers (I) Private Limited
Petitioner
Versus
M/s Ourspace Solutions Private Limited
Respondent
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present: Mr. Ashish Kumar, Advocate
Mr. Vishavjeet Singh, Advocate for the petitioner.
Mr. Shrey Ashat, Advocate for the respondent.
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AVNEESH JHINGAN, J (Oral):
1. 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.
2. The parties entered into a lease deed. Clause 29 of the general terms and conditions provides for dispute resolution through arbitration.
3. There was a dispute between the parties.
4. The petitioner served notice dated 08.10.2022 under Section 21 of the Act. On failure to do the needful, the present petition was filed.
5. Learned counsel for the respondent submits that liberty be granted to raise all the issues in arbitration proceedings at the appropriate stage.
6. The petition is accordingly disposed of by appointing Mr. Justice Bharat Bhushan Parsoon, former Judge of this Court, H. No. 235, Sector 16, Chandigarh as the sole arbitrator. The arbitrator is 1 of 2 ::: Downloaded on - 29-04-2023 04:11:35 ::: Neutral Citation No:=2023:PHHC:060769 Arbitration Case No. 6 of 2023. 2023:PHHC:060769 [1] appointed subject to declaration to be made by him under Section 12 of the Act with regard to his independence and impartiality to settle the dispute between the parties.
7. Needless to say that the respondent shall be at liberty to raise all the issues in arbitration proceedings.
8. The arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended.
9. The arbitrator is requested to complete the proceedings as per time limit specified under Section 29A of the Act.
10. 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.
11. Copy of the order be sent to the appointed arbitrator.
[AVNEESH JHINGAN] JUDGE 28th April, 2023 mk/anuradha
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No Neutral Citation No:=2023:PHHC:060769 2 of 2 ::: Downloaded on - 29-04-2023 04:11:36 :::