Uma Lata Sharma v. M/S Icubeswire Technologies Pvt Ltd

In the High Court for the States of Punjab and Haryana At Chandigarh (I) Uma Lata Sharma (II) ARB-148-2023 (O&M) Shiv Ramchandani and others ... Petitioners (III) ARB-185-2023 (O&M) Rahul Sethi (IV) ARB-187-2023 (O&M) Priyanka Kher

( 2 ) (V) ARB-189-2023 (O&M) Anurag Jain (VI) ARB-190-2023 (O&M) Preeti Ganotra (VII) ARB-196-2023 (O&M) [ Sonia Jain (VIII) ARB-207-2023 (O&M) Suneeta Aggarwal (IX) ARB-223-2023 (O&M) Sambhav Sunil Jain

( 3 ) (X) ARB-232-2023 (O&M) Rachna Narula (XI) ARB-265-2023 (O&M) Akhil Chatwal Date of Decision:-16.10.2023

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rohit Sud, Advocate and Ms. Kuljeet Kaur, Advocate for the petitioner(s). ***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner(s) have approached this Court seeking appointment of an Arbitrator in terms of provisions of Section 11(6) of Arbitration and Conciliation Act, 1996.

2.

Mr. Abhilaksh Grover, Advocate has put in appearance on behalf of the respondent(s) in all the 11 cases and has filed Vakalatnamas, which are taken on record.

( 4 ) 3.

The dispute, in nutshell, arises out of a lease agreement dated 27.9.2022 (Annexure P-1), wherein it was specifically provided that in case of any dispute the same, if not amicably resolved, would be referred to an Arbitrator. The aforestated position is evident from Article 9 of Lease Agreement dated 27.9.2022 (Annexure P-1 in all the petitions) and cannot possibly be disputed. The petitioner(s) have invoked by way of serving notice dated 21.2.2023 (Annexure P-2 in ARB Nos.145, 148, 185, 187, 189, 190, 207, 232 and 265 of 2023 and Annexure P-3 in ARB Nos.196 and 223 of 2023), but to no avail. 4.

Learned counsel representing the parties have otherwise expressed that in case the matter has to be sent for arbitration, then all the 11 petitions may collectively be sent to one Arbitrator, for sake of convenience. 5.

Accordingly, Justice L.N.Mittal (Retd.) is appointed as the sole Arbitrator. However, such appointment would be subject to the declaration to be made by Justice L.N.Mittal (Retd.) under Section 12 of the Act with regard to his independence and impartiality to settle the disputes between the parties. 6.

The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended or as may be mutually settled by the parties and the Arbitrator.

7.

The Arbitrator may conduct proceedings at Arbitration Centre, Chandigarh or at any other place convenient to all concerned. 8.

After seeking convenience of the Arbitrator, the parties are directed to appear before him on 9.11.2023 at 11:00 A.M. or any other date suitable to all concerned.

9.

A copy of this order be sent to the appointed Arbitrator at the given address :

( 5 ) House No. 93, Sector 4, MDC, Panchkula 134114 Phone No.97800-08127.

10.

All the 11 petitions stand accordingly disposed of in the above mentioned terms.

11.

A copy of this order be placed on the file of each connected case. 16.10.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No