Punjab Urban Development Authority v. M/S Avtar Singh Construction Company Pvt Ltd And Another
2023:PHHC:113126 In the High Court for the States of Punjab and Haryana At Chandigarh CWP-2855-2023 (O&M) Date of Decision:-29.8.2023 Punjab Urban Development Aurhotiry ....Petitioner
Versus
M/s Avtar Singh Constructions Company Private Limited and another ... Respondents
CORAM:
HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Aashna Gill, Advocate for the petitioner. ***** GURVINDER SINGH GILL, J. (Oral) CM-7160-CWP-2023 In view of the reasons mentioned in the application, the same is allowed and Arbitral Award dated 5.4.2023 passed by sole arbitrator annexed with the application is taken on record as Annexure P-12 subject to all just exceptions.
CWP-2855-2023 (Main Case) 1.
The instant petition was filed by the petitioner assailing office order dated 21.4.2021/27.4.2021 (Annexure P-1) passed by Chief Administrator, PUDA vide which Shri Yogesh Gupta, Chief Engineer (Retd.) had been appointed as sole arbitrator. The petitioner also assails the entire proceedings conducted by MOHAN SINGH 2023.08.29 18:10 I attest to the accuracy and authenticity of this order/judgment
CWP-2855-2023 (O&M) ( 2 ) 2023:PHHC:113126 the sole arbitrator mainly on grounds of ineligibility particularly being a case of unilateral appointment.
2.
Today, learned counsel representing the petitioner has placed on record a copy of arbitral award dated 5.4.2023 passed by Arbitrator during the pendency of the instant petition.
3.
In view of the aforesaid development, this Court is of the opinion that the petitioner can raise all the grounds as have been raised herein by way of filing a petition under Section 34 of Arbitration and Conciliation Act, 1996 before the Court concerned.
4.
The instant petition stands disposed off accordingly. 29.8.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2023.08.29 18:10 I attest to the accuracy and authenticity of this order/judgment