High Court of Punjab and HaryanaARB/85/2017disposed of

M/S Sherwal Enterprises v. Chief Information Commissioner & ANR

2017-09-22Mr. Justice M.M. Aggarwal1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH ARB-85-2017 (O&M) Date of decision:- 22.09.2017 M/s Sherwal Enterprises

...Petitioner

Versus

Chief Information Commissioner, Govt. of Haryana and another

...Respondents

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

Mr. Ayuwan Singh, AAG, Haryana.

* * * * 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 parties had admittedly entered into a contract clause 25 whereof contains an arbitration agreement. It required the parties in the first instance to seek an amicable settlement. The petitioner did so by its letter dated 30.11.2016. The respondents did not respond to the same. The petitioner thereafter invoked the arbitration clause by its letter dated 22.12.2016. The respondents have to date not appointed an arbitrator. They have, therefore, forfeited their right to appoint an arbitrator. 3.

In these circumstances, the petition is disposed of by appointing Mr. B.C. Gupta, a retired Additional 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. The parties have agreed that the venue shall be the Chandigarh Arbitration Centre. (S.J. VAZIFDAR) CHIEF JUSTICE 22.09.2017 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No Amodh Sharma 2017.09.22 15:51 I attest to the accuracy and integrity of this document Chandigarh