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High Court of Punjab and HaryanaARB/112/2017disposed of

Varinder Kumar v. Punjab Urban Planning And Development Authority Thro Chief Administrator

2017-09-29Mr. Justice M.M. Aggarwal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH ARB-112-2017 (O&M) Date of decision:- 29.09.2017 Varinder Kumar

...Petitioner

Versus

Punjab Urban Planning & Development Authority, Mohali.

...Respondent

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE Present:- Mr. Gourave Bhayyia Gilhotra, Advocate, for the petitioner.

Mr. Aman Sharma, Advocate, for the respondent.

* * * * S.J. VAZIFDAR, C.J. (ORAL) This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator.

2.

The parties had entered into a contract which contains the following clause:- "Disputes Subject to the provisions of the Act, all the disputes and/or differences which arise in any manner touching or concerning this allotment shall be referred to the Sole Arbitrator, Chief Administrator, Punjab Urban Planning & Development Authority (PUDA) or any person appointed/nominated by him in this behalf.

The award of such Arbitrator shall be final and binding on the parties. Arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time."

Amodh Sharma 2017.09.29 17:59 I attest to the accuracy and integrity of this document Chandigarh

ARB-112-2017 (O&M) 3.

The petitioner in fact referred the disputes and differences to the sole arbitration of the Chief Administrator of the respondent. The petitioner even today not only has no objection to the appointment of the Chief Administrator as an arbitrator, but consents to his acting as the sole arbitrator. 4.

In view thereof, the petition is disposed of by appointing/confirming the appointment of the Chief Administrator, Punjab Urban Planning & Development Authority (PUDA) as the sole arbitrator to adjudicate upon the disputes and differences between the parties.

5.

If the issue is as narrow as the petitioner contends, then I am confident that the arbitrator would dispose of the matter as expeditiously as possible.

(S.J. VAZIFDAR) CHIEF JUSTICE 29.09.2017 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No Amodh Sharma 2017.09.29 17:59 I attest to the accuracy and integrity of this document Chandigarh