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High Court of Punjab and HaryanaARB/41/2022disposed of

Simrat Kaur And ANR v. M/S Mani Restaurants Llp

2022-12-16Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 16.12.2022 Mrs. Simrat Kaur and another -Petitioners

Versus

M/s Mani Restaurants LLP -Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Nitin Garg, Advocate, for the petitioners.

Mr. Tanmoy Gupta, Advocate, for the respondent.

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

The petitioners have preferred this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 for appointment of an independent arbitrator in order to adjudicate the dispute between the parties arising out of revenue sharing agreement dated 04.08.2015.

2.

The petitioners have already invoked the arbitration clause 20.5 of the agreement.

3.

The petitioners have tentatively valued their claim to the tune of Rs.12 lacs, subject to final adjudication by the Arbitrator.

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The existence of agreement having arbitration clause is not in dispute.

5.

Learned counsel for the respondent submits that the respondent has no objection in case the issue is referred to the sole arbitrator in terms of arbitration clause 20.5 of the agreement.

6.

In view of consensus arrived at between the parties, I deem it appropriate to appoint Sh. Vikrant Nehra, Advocate, C8/T2, Dilshad Garden, Delhi, 09811421208 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) in equal proportion. 8.

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

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A copy of this order be dispatched to the Arbitrator at the following address:- Sh. Vikrant Nehra, Advocate, C8/T2, Dilshad Garden, Delhi 09811421208 10.

Petition stands disposed of accordingly.

16.12.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE 1.Whether speaking/reasoned :

Yes/No 2.Whether reportable :

Yes/No