Anuj Rastogi v. M/S Fame Educerve Pvt. Ltd. And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Arbitration Case No.7 of 2015 (O&M) DATE OF DECISION: 29.01.2016 Anuj Rastogi .....Petitioner versus M/s Fame Eduserve Pvt. Ltd and others .....Respondents CORAM:- HON'BLE MR.JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE Present: Mr. Amit Jain, Advocate for the petitioner Mr. Vikas Chatrath, Advocate for respondent No.1 Mr. D.K. Singal, Advocate for respondents No.2 to 4 ..

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

Replies filed in Court on behalf of respondent No.2 and respondent No.4 are taken on record.

2.

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator.

3.

Respondent Nos.2 to 4 are the Directors of the respondent-Company. There is no arbitration agreement qua them. 4.

The petition against respondent Nos.2 to 4 is, therefore, dismissed.

5.

The agreement is admitted. The same contains an arbitration agreement.

6.

The petition is disposed of by appointing Mr. T.C. Gupta, Additional District & Sessions Judge (retired), Flat No.148, PARKASH CHAND 2016.02.05 10:20 I attest to the accuracy and authenticity of this document

ARB-7-2015 - 2 - Hope Apartments, Sector 15-II, Gurgaon, as the sole Arbitrator in respect of the disputes between the petitioner and respondent No.1 only.

7.

In considering the amount involved, it would be futile for the parties to waste money in litigation. The Arbitrator shall not enter upon reference up to 01.04.2016.

In the meantime, the parties shall attend the Mediation Centre at Gurgaon District Courts, in the first instance, at 11.00 A.M. on 17.02.2016 and thereafter as directed by the Mediator. The parties agree that the venue of the arbitration shall be at Gurgaon.

29.01.2016 (S.J. VAZIFDAR) parkash* ACTING CHIEF JUSTICE PARKASH CHAND 2016.02.05 10:20 I attest to the accuracy and authenticity of this document