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High Court of Punjab and HaryanaARB/117/2018allowed

M/S Kanak Tollways Buidtech Ltd v. State Of Haryana And ORS

2019-11-15Ms. Justice Jaishree Thakur2 pages

Arbitration Case No. 117 of 2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Arbitration Case No. 117 of 2018 Date of Decision: 15.11.2019 M/s Kanak Tollways Buildtech Pvt. Ltd.

...... Petitioner

Versus

State of Haryana and others ..... Respondents ***** CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Vivek Khatri, Advocate, for the petitioner.

Mr. Pramjit Singh, A.A.G., Haryana, for the respondents.

***** JAISHREE THAKUR, J. (ORAL) 1.

This is a petition that has been filed under Section 11(6) of Arbitration and Conciliation Act, 1996 for appointment of Arbitrator to adjudicate the dispute between the petitioner and the respondents in terms of the Arbitration Clause 25-A.5 of the contract agreement, wherein it was settled between the parties that dispute / differences will be referred to arbitration by Chief Engineer (P.R.), Haryana.

2.

Counsel for the petitioner herein contends that despite invoking arbitration, the matter has not been referred to the Arbitrator in terms of Clause 25-A.5 of the contract agreement and SATYAWAN 2019.11.19 10:00 I attest to the accuracy and integrity of this document

Arbitration Case No. 117 of 2018 -2hence, the petition.

3.

Reply has been filed and counsel for the respondentState submits that the matter does not survive for arbitration since the petitioner herien had left the work midway, however, he does not dispute the existence of the Arbitration clause. 4.

I have heard learned counsel for the parties and in view of the fact that a dispute has arisen out of the contract, this Court deems it appropriate to appoint an independent Arbitrator. Accordingly the petition is allowed. Justice M.S. Sullar, Retired Judge of the Punjab and Haryana High Court, resident of H. No. 220, Sector-25, Panchkula is hereby appointed as sole Arbitrator to settle the dispute and differences between the parties. The fees shall be payable as per the Chandigarh Arbitration Centre (CAC) Rules, 2018. 15.11.2019 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

SATYAWAN 2019.11.19 10:00 I attest to the accuracy and integrity of this document