Sundik Services Llp v. Vinay Bindal

2024:PHHC:027826 ARB-385-2021 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (107) ARB-385-2021 (O&M) Date of decision:- 28.02.2024 Sundik Services LLP

...Petitioner

Versus

Vinay Bindal

...Respondent

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Ms. Achintaya Soni, Advocate and Ms. Deepika, Advocate, for Mr. Neeraj Jain, Advocate for the petitioner.

Mr. Pritpal Singh Nijjar, Advocate and Mr. Viraj Gandhi, Advocate for the respondent.

...

SUVIR SEHGAL, J. (Oral) 1.

By way of the present petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short "the Act"), petitioner has moved before this Court for appointment of an Arbitrator in terms of Article 9 of the Lease Deed dated 01.01.2020, Annexure P-4. 2.

Upon notice, respondent has appeared and filed his reply, in which, he has admitted the Lease Deed, Annexure P-4, as also Arbitration Clause. He has, however, objected the appointment of the Arbitrator proposed by the petitioner.

PARDEEP NAUTIYAL 2024.02.29 17:09 I attest to the accuracy and and authenticity of this order/judgment.

2024:PHHC:027826 ARB-385-2021 (O&M) -23.

In view of the stand taken by the respondent, petition deserves to be accepted.

4.

Petition is hereby allowed. Mr. Vinod Jain, former District and Sessions Judge, R/o House No.381, Sector 1, IMT, Manaser, Gurgaon, Haryana, 9468178585, is appointed as the sole Arbitrator to adjudicate the dispute between the parties, subject to declaration to be made by him under Section 12 of the Act with regard to his independence and impartiality to adjudicate the dispute between the parties. 5.

Parties are directed to appear before the Arbitrator on 01.04.2024, at 11:00 A.M., at the address mentioned above or at any other place to be fixed with the consent of the parties. 6.

The arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended.

7.

The arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the Act. 8.

Copy of the order be sent to the appointed arbitrator. (SUVIR SEHGAL) JUDGE 28.02.2024 Pardeep Whether Speaking/Reasoned Yes Whether Reportable Yes/No PARDEEP NAUTIYAL 2024.02.29 17:09 I attest to the accuracy and and authenticity of this order/judgment.