High Court of Punjab and HaryanaARB/412/2021disposed of

M/S Colliers International Property Services Pvt. Ltd. v. M/S Sahara India Commercial Corporation Limited

2022-10-28Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ARB No.412 of 2021(O&M) Date of Decision: 28.10.2022 M/s Colliers International Property Services Pvt. Ltd. ......Petitioner Vs M/s Sahara India Commercial Corporation Ltd.

.....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Shikhar Sarin, Advocate for the petitioner.

Mr. Divansh Khanna , Advocate for the respondent.

**** RAJ MOHAN SINGH, J.(Oral) [1].

Petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator to adjudicate the dispute between the parties arising out of service contract dated 31.03.2018. [2].

The service contract having arbitration clause is admitted between the parties.

[3].

Learned counsel for the parties have agreed that the matter in respect of arbitral dispute be referred to some retired

Judicial Officer of the rank of District and Sessions Judge. [4].

Admittedly, the petitioner has already invoked the arbitration clause.

[5].

Learned counsel for the parties have agreed that the venue of the arbitration be fixed at Gurgaon. [6].

The petitioner has tentatively valued its claim to the tune of Rs.32.37 lacs subject to final adjudication to be done by the Arbitrator.

[7].

In view of consensus arrived at between the parties, I deem it appropriate to appoint Sh. R.S. Virk, District and Sessions Judge (Retd.), H-7, Aaron Ville, Fazilpur Road, Sector 48, Gurugram, Mobile No.09582255555 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. [8].

The Arbitrator would complete the proceedings within the specified time in terms of Section 29-A of the 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 both the parties equally.

[9].

The venue of the Arbitration shall be Gurgaon. [10].

A copy of this order be dispatched to the Arbitrator at the following address:- Sh. R.S. Virk, District and Sessions Judge (Retd.) H-7, Aaron Ville, Fazilpur Road, Sector 48, Gurugram Mobile No.09582255555 [11].

Petition stands disposed of accordingly.

(RAJ MOHAN SINGH) 28.10.2022 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No