Rajesh Kumar v. Raminder Chauhan And Another

ARB-150-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ARB-150-2022 Date of Decision: 01.08.2024 Rajesh Kumar ...Applicant

Versus

Raminder Chauhan and another

...Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Abhishek Sethi, Advocate and Mr. Tej Bahadur Yadav, Advocate for the applicant Mr. Praful Rana, Advocate for the respondents *** JAGMOHAN BANSAL, J. (Oral) 1.

Through instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short '1996 Act'), the applicant is seeking appointment of an Arbitrator.

2.

The parties entered into Partnership Deed dated 14.07.2020. There is an arbitration clause in the aforesaid deed. The parties are neither disputing existence of lease deed nor arbitration clause. 3.

The applicant, in terms of Section 21 of 1996 Act, served notice dated 15.02.2022 (Annexure P-8) upon the respondent for appointment of Arbitrator. The respondent vide reply dated 02.03.2022 (Annexure P-9) declined the request of the applicant. Hence, the present application. 4.

Conditions to invoke power conferred by Section 11(6) of 1996 Act stand satisfied, thus, I hereby appoint a sole Arbitrator to adjudicate the dispute between the parties.

MOHIT KUMAR 2024.08.01 18:25 I attest to the accuracy and authenticity of this order/judgment

ARB-150-2022 -25.

Mr. Justice (Retd.) Inderjit Singh, residing at #497, IAS/IPS Society, New Chandigarh, Mobile No.8558809904 is requested to act as an Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory requirements. The learned Arbitrator is requested to comply with mandate of Section 12 of 1996 Act before proceeding further. 6.

Parties are directed to appear before the learned Arbitrator on date, time and place to be fixed by the Arbitrator at his convenience. 7.

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

8.

The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the Act. 9.

Needless to mention, parties will be at liberty to raise all the claims/defences/counter claims/pleas before the Arbitrator. Any observation made hereinabove will not be binding on the learned Arbitrator. 10.

A request letter along with copy of this order be sent to Mr. Justice (Retd.) Inderjit Singh.

(JAGMOHAN BANSAL) JUDGE 01.08.2024 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2024.08.01 18:25 I attest to the accuracy and authenticity of this order/judgment