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High Court of Punjab and HaryanaARB/144/2017disposed of

Gaurav Bhardwaj v. Bharat Sanchar Nigam Limited (Bsnl)

2017-09-22Mr. Justice M.M. Aggarwal2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Arbitration Case No.144 of 2017 (O&M) Date of Decision: 22.09.2017 Gaurav Bhardwaj .....Petitioner versus Bharat Sanchar Nigam Ltd. Haryana .....Respondent  

       Present :

Mr. Jagjot Singh, Advocate, for the petitioner. Mr. Madan Mohan, Advocate, for the respondent. **** S.J.VAZIFDAR, CHIEF JUSTICE (ORAL) This is an application under section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of sole arbitrator to adjudicate upon the disputes and differences between the parties. 2.

The parties had admittedly entered into a contract, clause 25 thereof contains an arbitration agreement. Disputes and differences have admittedly arisen between the parties which fall within the ambit of the arbitration clause. The petitioner was required in the first instance to give a notice in writing to the Engineer?in?Charge in respect of any claims not granted. The petitioner did so by a letter dated 20.01.2017. The Executive Engineer by a letter dated 09.03.2017 rejected the claim. It is agreed that the Executive Engineer is the Engineer?in?Charge. The petitioner accordingly invoked the arbitration agreement.

  



            

     

 

       

             

     

  

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                 Ravinder Sharma 2017.10.03 11:29 I attest to the accuracy and authenticity of this document

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 )#   The fees shall be as per the Chandigarh Arbitration Centre (CAC) (Administrative Cost and Arbitrator's Fees) Rules, 2014.

The petition is filed in respect of 14 agreements. Therefore, although the arbitrator is common, there shall be separate references and the learned arbitrator shall make separate awards. 6.

Considering the amount involved, the parties would be well advised to settle the matter through mediation or otherwise. To enable the parties to do so, the arbitrator shall not enter upon the reference till 01.11.2017.

          



           &&('&()*              Whether speaking/reasoned √Yes/No Whether reportable Yes/No√  Ravinder Sharma 2017.10.03 11:29 I attest to the accuracy and authenticity of this document