Gammon Engineers And Contractors Private Limited v. State Of Punjab And Another


 

 



 
 





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Present:

Mr. A.S.Narang, Advocate for the petitioner.

Ms. Sunint Kaur, AAG., Punjab.


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--6 * 7 Prayer in this petition is for appointment of an Arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996.
 

 
 

 

 





 



  
 
 











 
  
 

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  It is a matter of record that the petitioner had earlier filed ARB No. 139 of 2013 which was allowed on 24.01.2014. It is specifically noticed in order dated 24.01.2014 that Mr. S.K.Bains, Chief Engineer, Irrigation Department, Chandigarh has been appointed as an Arbitrator on 26.06.1998, but he retired from service on 31.05.1999 during the pendency of the

proceedings. Another Arbitrator i.e., Mr. R.P.Aggarwal, Superintending Engineer, Public Health Circle, Patiala, was appointed, but he too retired from service on 17.07.2006 without an award being passed in the matter. Mr. Justice (Retired) Amar Dutt, a former Judge of this High Court was appointed as Arbitrator vide order dated 24.01.2014. However learned Arbitrator vide order dated 21.01.2019 has expressed that for personal reasons he is unable to proceed further as Arbitrator and he withdrew from the proceedings. In this factual matrix, present petition has been filed. Reply has been filed on behalf of the respondents where in various aspects on merits are sought to be raised. Keeping in view the factual position and the specific fact that existence of the arbitral dispute between the parties or the arbitration clause is not in dispute and neither is the earlier appointment of the Arbitrator in ARB No. 139 of 2019 in dispute, this petition is allowed and Mrs. Justice (Retired) %&
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