Monica v. Sujinder Singh And Another

2024:PHHC:011283 ARB-96-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (108) ARB-96-2023 Date of decision:- 29.01.2024 Mrs. Monica

...Petitioner

Versus

Sh. Sujinder Singh and another

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. Rohit Sud, Advocate for the petitioner.

Mr. Prateek Sodhi, Advocate with Mr. Manoj Singla, Advocate for the respondents.

...

SUVIR SEHGAL, J. (Oral) 1.

By way of the present petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short "the Act"), petitioner has moved before this Court for appointment of an independent person as sole Arbitrator in terms of Clause 12 of the Partnership Deed dated 01.10.1999, Annexure P-1, to adjudicate the dispute, which has arisen between the parties.

2.

Upon notice, respondents have filed a short reply. Respondents have not disputed the partnership as well as arbitration clause. It is conceded that a dispute has arisen between the parties. PARDEEP NAUTIYAL 2024.01.29 17:36 I attest to the accuracy and and authenticity of this order/judgment.

2024:PHHC:011283 ARB-96-2023 -23.

In view of the above, this Court has no hesitation in accepting the petition. Petition is allowed. Mr. Sanjeev Sharma, Senior Advocate, # House No.28, Sector 13, Shivalik Enclave, Manimajra, NAC, Chandigarh, is appointed as the sole Arbitrator to adjudicate the dispute between the parties, subject to declaration to be made by him under Section 12 of the Act with regard to his independence and impartiality to adjudicate the dispute between the parties.

4.

Parties are directed to appear before the Arbitrator on 11.03.2024, at 11:00 A.M., at the address mentioned above or at any other place to be fixed with the consent of the parties. 5.

The arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended.

6.

The arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the Act. 7.

Copy of the order be sent to the appointed arbitrator. (SUVIR SEHGAL) JUDGE 29.01.2024 Pardeep Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No PARDEEP NAUTIYAL 2024.01.29 17:36 I attest to the accuracy and and authenticity of this order/judgment.