Paul Lu & ANR v. Kst Infrastructure Pvt Ltd

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Arbitration Case No.179 of 2017 (O&M) DATE OF DECISION: 27.10.2017 Mr. Paul Lu and another .....Petitioners versus KST Infrastructure Pvt. Ltd.

.....Respondent CORAM:- HON'BLE MR.JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE Present: Mr. Bhaskar Sharma, Advocate for the petitioners ..

S.J. VAZIFDAR, CHIEF JUSTICE (Oral):

This is an application under sections 11(6) and 11(8) of the Arbitration and Conciliation Act, 1996, for appointment of a sole Arbitrator.

2.

The petitioners ought to have filed separate petitions as the claims arise under four separate agreements. Each of the agreements is for the purchase of premises. The petitioners claim that the respondents have committed breaches under the agreement as it had neither delivered the possession nor refunded the amounts paid. Each of the agreements contains an arbitration agreement. The petitioners invoked the arbitration clauses in respect of each of the agreements on 08.04.2017. There was no response to the letter at least till the filing of this petition. The respondent has, therefore, forfeited its right to nominate an Arbitrator. Ravinder Sharma 2017.11.04 16:40 I attest to the accuracy and authenticity of this document

ARB-179-2017 - 2 - 3.

The petition is disposed of by appointing Mr. Gopal Jain, Senior Counsel of the Supreme Court of India, # C-23, Gulmohar Park, New Delhi-49, as the Arbitrator in respect of each of the agreements. It is clarified that each of the agreements will be a separate reference and separate awards shall be made.

Considering the facts and the nature of the matter and the amounts involved, the parties can always make an application to the Arbitrator regarding the quantum of his fees. 27.10.2017 (S.J. VAZIFDAR) parkash* CHIEF JUSTICE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Ravinder Sharma 2017.11.04 16:40 I attest to the accuracy and authenticity of this document