Siwara Luxmi Co-Op. L&C Society Ltd v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH ARB-200-2014 (O&M) Date of decision:- 18.09.2015 The Siwara Luxmi Co-op. L&C Society Ltd.

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE Present: Mr. Vivek Khatri, Advocate, for the petitioner.

Mr. Rahul Dev Singh, Deputy Advocate General, Haryana. * * * * S.J. VAZIFDAR, A.C.J. (ORAL) This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short the Act) for the appointment of an arbitrator.

2.

Learned State counsel appearing on behalf of the respondents states that the petitioner has not even referred the matter to the engineer or to the adjudicator.

3.

The petitioner is at liberty to first adopt the steps contemplated in clause 19 of the agreement and thereafter seek appointment of the arbitrator, if necessary, in accordance with the contract including clauses 19.5 to 21 B. 4.

The petitioner may do so by filing a fresh petition under Section 11 of the Act.

5.

Disposed of.

(S.J. VAZIFDAR) ACTING CHIEF JUSTICE 18.09.2015 Amodh AMODH SHARMA 2015.09.19 12:04 I attest to the accuracy and authenticity of this document chandigarh