Alm Infotech City Pvt. Ltd. v. Mani Restaurant Llp

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 15.11.2022 ALM Infotech City Pvt. Ltd.

-Petitioner

Versus

Mani Restaurant LLP -Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Animesh Sharma, Advocate, for the petitioner.

Mr. Tanmoy Gupta, Advocate, for the respondent.

**** 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 in view of clause 20.5 of the contract agreement dated 04.08.2015.

2.

An agreement is admitted between the parties and the same was signed by both the parties. The agreement has an arbitration clause 20.5 which provides for adjudication of dispute by means of appointment of an arbitrator. 3.

During course of arguments, learned counsel for the parties have arrived at consensus that the dispute may be referred to sole arbitrator at Gurugram.

-24.

Since both the parties have their head offices at Gurugram and other litigations are also pending, therefore, sole arbitrator having abode at Gurugram be appointed as an arbitrator.

5.

Petitioner has tentatively fixed its claim to the tune of Rs.43 lacs approximately along with interest, however, the same shall be adjudicated by the arbitrator with reference to material to be brought on record by the parties.

6.

In view of consensus arrived at between the parties, I deem it appropriate to appoint Sh. Surinder Singh, District and Sessions Judge (Retd.), #5413, Sector 38 (West), Chandigarh, 9876614207 as the sole Arbitrator, 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.

7.

The Arbitrator would complete the proceedings within the specified time in terms of Section 29-A of the said 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 the petitioner and respondent(s) equally.

-38.

The venue will be as per the convenience of the Arbitrator.

9.

A copy of this order be dispatched to the Arbitrator at the following address:- Sh. Surinder Singh, District and Sessions Judge (Retd.) #5413, Sector 38 (West), Chandigarh, 9876614207 10.

Petition stands disposed of accordingly.

15.11.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No