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High Court of Punjab and HaryanaARB/226/2015disposed of

M/S Aaj Jay Builders Jalandhar v. Lovely International Trust Jalandhar

2017-07-21Mr. Justice M.M. Aggarwal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH ARB-226-2015 (O&M) Date of decision:- 21.07.2017 M/s Aaj Jay Builders

...Petitioner

Versus

Lovely International Trust, Jalandhar

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE Present:- Mr. Amandeep Singh Talwar, Advocate, for the petitioner.

Mr. S.S. Behl, Advocate, and Mr. R.S. Bajaj, Advocate, for the respondent(s).

* * * * S.J. VAZIFDAR, C.J. (ORAL) This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator.

2.

The existence of an arbitration agreement and the fact that the disputes are arbitrable is not disputed. The respondents, however, claim to have appointed one Ashok Mittal as the arbitrator. The respondents filed an affidavit stating, inter alia, that the President of the Trust i.e. the said Ashok Mittal had neither dealt with nor executed the contract in question nor settled the terms and conditions thereof. The replication filed by the petitioner states that the said Ashok Mittal is the President of the Trust and his brothers are the Chairman and Vice Chairman of the Trust. One S.B. Singla is stated to have dealt with the contract in question. The replication further states that the said Amodh Sharma 2017.07.21 16:45 I attest to the accuracy and integrity of this document Chandigarh S.B. Singla is the elder brother of one S.P. Singla who is the

ARB-226-2015 (O&M) father-in-law of the said Ashok Mittal. More important, the replication states that the said Ashok Mittal in his capacity as the President of the Trust has even verified the work and endorsed the letters with his signatures. There is no reply to this statement.

3.

In these circumstances, the petition is disposed of by appointing Mr. A.K. Sharma, a retired District Judge, Punjab, as the sole arbitrator. The fees shall be as per the Chandigarh Arbitration Centre (CAC) (Administrative Cost and Arbitrators' Fees) Rules, 2014.

4.

It is agreed that the venue of arbitration shall be at Jalandhar.

(S.J. VAZIFDAR) CHIEF JUSTICE 21.07.2017 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No Amodh Sharma 2017.07.21 16:45 I attest to the accuracy and integrity of this document Chandigarh