Vivo Mobile India Private Ltd. v. Nexus Alliance Advertising And Marketing Private Ltd.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ARB No.287 of 2021 (O&M) Date of Decision: 21.12.2022 Vivo Mobil India Pvt. Ltd.

......Petitioner Vs Nexus Alliance Advertising & Marketing Pvt. Ltd. .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Ms. Bhawna Thakur, Advocate for Mr. Munish Kumar Garg. Advocate for the petitioner.

Mr. Shrey Ashat, Advocate and Ms. Preetika Mishra, Advocate for the respondents.

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

The petitioner has preferred this petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to settle the dispute between the parties arising out of agreement dated 02.06.2017.

[2].

Notice of motion was issued on 20.04.2021.

[3].

Learned counsel for the respondent submits that the existence of agreement having arbitration clause is not in

dispute. The respondent is also claiming definite amount to be recovered from the petitioner. Learned counsel has no objection in case, sole Arbitrator is appointed by this Court, leaving the parties to make claims and counter claims before the Arbitrator in accordance with law.

[4].

In view of consensus arrived at between the parties, I hereby appoint HMJ S.S. Saron (Retd.), House No.9, Sector-9, Chandigarh, Contact Nos.0172-2742347, 9780008109 as the sole Arbitrator for the claims of the petitioner and counter claims to be set up by the respondent in accordance with law and 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.

[5].

The Arbitrator would complete the proceedings within the specified time in terms of Section 29-A of the 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 both the parties equally.

[6].

The seat of the Arbitration shall be disclosed by the Arbitrator as per his/her convenience.

 [7].

A copy of this order be dispatched to the Arbitrator on the following address:- HMJ S.S. Saron (Retd.), House No.9, Sector-9, Chandigarh, Contact Nos.0172-2742347, 9780008109 [8].

Petition stands disposed of accordingly.

(RAJ MOHAN SINGH) 21.12.2022 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No