Vishesh Kumar v. State Of Punjab And Others

ARB-173-2024

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH ARB-173-2024 Date of Decision : 30.07.2024 M/S VISHESH KUMAR .... APPLICANT V/S STATE OF PUNJAB AND OTHERS .... RESPONDENTS CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :- Mr.Harjinder Singh, Advocate for the applicant.

Mr. Ramandeep Singh, Sr.DAG, Punjab.

**** 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 agreement No.32 of 2018-19. There is an arbitration clause in the aforesaid agreement. The parties are neither disputing existence of agreement nor arbitration clause. 3.

The applicant, in terms of Section 21 of 1996 Act, served notice dated 17.07.2023 (Annexure P-23) upon the respondent. The respondent did not act upon the said notice within the prescribed period. 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.

5.

Mr. Justice (Retd.) Harinder Singh Sidhu, residing at #15, Sector 2-A, Chandigarh, Mobile No.8558809912 is requested to act an Anju Goel 2024.07.30 17:32 I attest to the accuracy and integrity of this document Chandigarh

ARB-173-2024 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 including that of limitation 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.) Harinder Singh Sidhu.

11.

Pending application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 30.07.2024 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2024.07.30 17:32 I attest to the accuracy and integrity of this document Chandigarh