High Court of Punjab and HaryanaARB/14/2017disposed of

M/S Jyoti Build Tech Pvt. Ltd. v. Punjab Water Supply & Sewerage Board & ORS

2017-07-14Mr. Justice M.M. Aggarwal2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Arbitration Case No. 14 of 2017 Date of Decision: 14.07.2017 M/s Jyoti Build Tech Pvt. Ltd. Buildings .....Petitioner versus Punjab Water Supply and Sewerage Board and another .....Respondents

CORAM:

HON'BLE MR.JUSTICE S.J.VAZIFDAR, CHIEF JUSTICE Present :

Mr.Sunil Chadha, Senior Advocate with Mr. Dheeraj Mahajan, Advocate, for the petitioner. Mr. Vijay Kumar Kaushal, Advocate, for the respondents. **** S.J.VAZIFDAR, CHIEF JUSTICE (ORAL) This is an application under section 11 of the Arbitration & Conciliation Act, 1996 for the appointment of sole arbitrator to adjudicate upon the disputes and differences between the parties. 2.

The parties had entered into a contract which contains an arbitration agreement. Section 4 of the bid document which relates to Disputes and Arbitration "DA" insofar as it is relevant reads as under:C "

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Disputes and differences have admittedly arisen between the parties. The petitioner invoked the arbitration by its notice dated 31.12.2016. Even assuming that the notice is invalid for any reason, it would make no difference as the Managing Director/CEO is empowered to appoint only an officer of the respondents which is not permissible in view of the amendment to the Act.

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Whether speaking/reasoned Yes/No√ Whether reportable Yes/No√ Ravinder Sharma 2017.07.19 16:45 I attest to the accuracy and authenticity of this document