M/S S K Sachdeva v. Municipal Corporation, Chandigarh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH ARB No. 410 of 2021 Date of Decision: December 07 , 2021.

M/s S.K.Sachdeva ...... PETITIONER (s)

Versus

Municipal Corporation of Chandigarh and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Nikhil Handu, Advocate for the petitioner.

Mr. Suman Jain, Advocate for the respondents.

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1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19. Prayer in this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') is for appointment of sole independent Arbitrator for resolution of disputes and differences arising out of Agreement, Annexure P1, executed between the parties. Dispute arose between the parties and notice dated 10.09.2019 (Annexure P12) was served upon the respondent-Corporation by the petitioner. Claim was repudiated by the respondent. Clause 25 of the agreement provides OMKAR SINGH 2021.12.13 10:40 I attest to the accuracy and integrity of this document High Court, Chandigarh

ARB No.410 of 2021 [2] for resolution of the dispute through arbitration. Existence of an arbitrable dispute between the parties is not denied, neither is the existence of the arbitration clause denied. Keeping in view the facts and circumstances as above, this petition is allowed and Sh. Jagroop Singh, District & Sessions Judge (Retd.), resident of House No.114, Sector 21A, Chandigarh, Mobile No.78378-70707, is appointed as the Sole Arbitrator to resolve the dispute/differences between the parties. Appointment is subject to declaration to be made by the Arbitrator under Section 12 of the Act with regard to his independence and impartiality to settle the disputes between the parties. The Arbitrator to complete the proceedings within the time limit specified under Section 29-A of the Act.

The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended from time to time to be borne equally by the parties. A copy of this order be dispatched to Jagroop Singh, District & Sessions Judge (Retd.), at the following address:- House No.114, Sector 21A, Chandigarh, Mobile No.78378-70707. ( LISA GILL ) December 07 , 2021.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2021.12.13 10:40 I attest to the accuracy and integrity of this document High Court, Chandigarh