M/S Kissan Rice Mills v. Punsup And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ARB No.13 of 2018 (O&M) Date of Decision: 28.10.2022 M/S KISSAN RICE MILLS ......Petitioner Vs PUNSUP AND ANR .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Jatinderpal Singh Sidhu, Advocate for the petitioner.

Mr. ADS Jattana, Advocate for the respondents.

**** RAJ MOHAN SINGH, J.(Oral) [1].

Petitioner has filed the present petition under Section 11 the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as 'the Act') for appointment of an independent Arbitrator to adjudicate the dispute between the parties arising out of agreement dated 03.04.2013.

[2].

Notice of motion was issued on 19.01.2018. During course of arguments, learned counsel for both the parties have reached a consensus that Mr. G.K. Dhir, District & Sessions Judge (Retd.) be appointed as the sole Arbitrator to adjudicate

 the dispute pending between the parties. Existence of contract agreement having arbitration clause is not disputed by the parties. The tentative value of the claim of the petitioner is to the tune of Rs.15,52,798/- subject to final adjudication to be done by the Arbitrator. Learned counsel for both the parties agree that the venue of the Arbitration shall be at PUNSUP Headquarter at Chandigarh.

[3].

In view of consensus arrived at between the parties, I hereby appoint Sh. G.K. Dhir, District & Sessions Judge (Retd.) R/o # 572, Old Sunny Enclave, Behind Gurudwara Sahib, Sector 123-125, Kharar, Distt. SAS Nagar (Mohali), Mobile No.9815739308 as the sole Arbitrator, to resolve the dispute/difference between the parties. The appointment of the Arbitrator shall be subject to the declaration to be made by him as required under Section 12 of Arbitration and Conciliation Act, 1996 in respect of his independence and impartiality to settle the dispute between the parties.

[4].

The Arbitrator would complete the proceedings within the specified time in terms of Section 29-A of the said Act. The Arbitrator shall be paid fee in accordance with the IVth Schedule of the Act as amended from time to time. The fee shall be borne by both the parties equally.

[5].

A copy of this order be dispatched to the Arbitrator at

 the following address:- Sh. G.K. Dhir, District & Sessions Judge (Retd.) R/o # 572, Old Sunny Enclave, Behind Gurudwara Sahib, Sector 123-125, Kharar, Distt. SAS Nagar (Mohali), Mobile No.9815739308 [6].

Petition stands disposed of accordingly.

(RAJ MOHAN SINGH) October 28, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No