M/S Mehta Construction Company v. General Manager Northern Railway And ANR.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Arbitration Case No. 296 of 2017 (O&M) Date of Decision: 31.05.2024 M/s Mehta Construction Company .....Petitioner versus The General Manager, Northern Railway, Baroda House, New Delhi and another .....Respondents CORAM: HON'BLE MR.JUSTICE G.S.SANDHAWALIA, ACTING CHIEF JUSTICE Present :

Mr. Sumit Gupta, Advocate and Mr. D.K.Singhal, Advocate, for the petitioner. Mr. Jatin Kaushal, Advocate for Mr. Arvind Seth, Senior Panel Counsel for the respondents. ****
 

  

  

  The relief sought is for appointment of sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate upon the disputes and differences between the parties in pursuance to the agreement dated 11.03.2010 (Annexure P-2).

2.

Vide detailed order dated 17.05.2024, this Court had rejected the defence as such of the respondents that the principal agreement stood finally discharged and rescinded as per the terms and conditions of the supplementary agreement (Annexure R-9). Resultantly, Mr. Krishan Jeet Singh, former Chief Engineer, House No. 140, Sector 40-A, Chandigarh was proposed to be appointed as the Arbitrator. Necessary declaration under Section 12(5) of the Act had been called for from the Arbitrator and the same has been duly received.

3.

Keeping in view the above, the present petition is disposed of. The order dated 17.05.2024 passed by this Court is made absolute. The learned Arbitrator is requested to proceed with the matter in accordance with law. (G.S.SANDHAWALIA) ACTING CHIEF JUSTICE 31.05.2024 ravinder Whether speaking/reasoned √Yes/No Whether reportable √Yes/No RAVINDER KUMAR 2024.06.03 13:31 I attest to the accuracy and integrity of this document