Raman Deep Singh Taneja v. Crown Realtech Pvt Ltd

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 15.11.2022 Raman Deep Singh Taneja -Petitioner

Versus

Crown Realtech Pvt. Ltd.

-Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Manu Loona, Advocate, for the petitioner.

Mr. Aditya Jain, Advocate, for the respondent.

**** RAJ MOHAN SINGH, J. (Oral) 1.

The petitioner has preferred this petition under Section 11 of Arbitration and Conciliation Act, 1996 for appointment of an arbitrator for adjudication of dispute between the parties.

2.

Allotment letter was issued on 29.07.2009. In terms of Clause 24 of the aforesaid allotment letter, the dispute has to be referred to an arbitrator to be appointed by the respondent. 3.

Allotment letter having arbitration clause is not in dispute.

4.

Learned counsel for the respondent has no objection

-2in case an independent arbitrator is appointed, de hors the recital in the allotment letter itself.

5.

Petitioner has tentatively fixed its claim to the tune of Rs.11 lacs approximately, however, the same shall be adjudicated by the arbitrator with reference to material to be brought on record by the parties.

6.

In view of consensus arrived at between the parties, I deem it appropriate to appoint Sh. Pramod Seth, Chartered Accountant, Flat No.9, HEWO Apartments, Sector 16-A, Faridabad, 9811297522 as the sole Arbitrator, to resolve the dispute/difference between the parties. The appointment of the Arbitrator shall be subject to the declaration to be made by him as required under Section 12 of Arbitration and Conciliation Act, 1996 in respect of his independence and impartiality to settle the dispute between the parties.

7.

The Arbitrator would complete the proceedings within the specified time in terms of Section 29-A of the said Act. The Arbitrator shall be paid fee in accordance with the IVth Schedule of the Act as amended from time to time. The fee shall be borne by the petitioner and respondent(s) equally.

8.

The venue will be as per the convenience of the Arbitrator.

-39.

A copy of this order be dispatched to the Arbitrator at the following address:- Sh. Pramod Seth, Chartered Accountant, Flat No.9, HEWO Apartments, Sector 16-A, Faridabad 9811297522 10.

Petition stands disposed of accordingly.

15.11.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No