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High Court of Punjab and HaryanaARB/94/2015disposed of

M/S B.R. Enterprises Thro Its Partner/Prop v. F.C.I. Thro Sr Reg Manager Punjab

2015-11-27Mr. Justice M.M. Aggarwal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH ARB-94-2015 (O&M) Date of decision:- 27.11.2015 M/s B.R. Enterprises

...Petitioner

Versus

F.C.I. through its Sr. Regional Manager, Punjab, Sector 34-A, Chandigarh and others.

...Respondents

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

Mr. K.K. Gupta, Advocate, for the respondents.

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

2.

The parties had entered into an agreement dated 15.03.1996. Admittedly, the agreement contains an arbitration clause. 3.

The petitioner had filed a suit for recovery of their dues. The respondents filed an application under Section 8 of the Act contending that the disputes and differences ought to be referred to arbitration. The interim applications in the suit were carried to this Court. The learned Single Judge by an order dated 16.11.2012 recorded that the parties had agreed to refer the disputes to arbitration. The learned Single Judge directed the trial Court to proceed in accordance with law in this regard. 4.

The trial Court referred the parties to arbitration in accordance with the order of this Court dated 16.11.2012, but directed the parties to file an AMODH SHARMA 2015.11.28 11:09 I attest to the accuracy and authenticity of this document chandigarh

ARB-94-2015 (O&M) application under Section 11 for the appointment of an arbitrator. It is in these circumstances that the present petition has been filed. 5.

The petition is disposed of by appointing Mr. Justice G.C. Garg, retired Judge of this Court as the sole arbitrator. 6.

Needless to add that all the contentions including the limitation shall be decided by the arbitrator.

(S.J. VAZIFDAR) ACTING CHIEF JUSTICE 27.11.2015 Amodh AMODH SHARMA 2015.11.28 11:09 I attest to the accuracy and authenticity of this document chandigarh