High Court of Punjab and HaryanaARB/272/2020disposed of

Vivek Kumar And ANR v. Punjab State Civil Supplies Corporation Ltd. And ANR

2022-10-27Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ARB No.272 of 2020 (O&M) Date of Decision: 27.10.2022 VIVEK KUMAR AND ANR ......Petitioners Vs PUNJAB STATE CIVIL SUPPLIES CORPORATION LTD. AND ANR .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Sandeep Khunger, Advocate for the petitioners.

Mr. H.S. Randhawa, Advocate for the respondents.

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

Petitioners have preferred this petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as 'the Act') for appointment of an Arbitrator to adjudicate the dispute between the parties in terms of clause 10 of the agreement dated 26.03.2012.

[2].

The dispute has arisen between the parties after completion of work assignment for which the petitioners have already invoked arbitration clause. The tentative value of the

claim set up by the petitioners is Rs.21 lakhs subject to final adjudication by the Arbitrator.

[3].

During course of arguments, learned counsel for the parties have arrived at a consensus that Mr. G.K. Dhir, District and Sessions Judge (Retd.) to be appointed as the sole Arbitrator for the adjudication of pending dispute between the parties. The consensus arrived at between the parties is just and appropriate in the facts and circumstances of the case and the same needs to be appreciated.

[4].

In view of consensus arrived at between the parties, I hereby appoint Sh. G.K. Dhir, District & Sessions Judge (Retd.) R/o # 572, Old Sunny Enclave, Behind Gurudwara Sahib, Sector 123-125, Kharar, Distt. SAS Nagar (Mohali), Mobile No.9815739308 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.

[5].

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 both the parties equally.

[6].

The venue of the Arbitration shall be the place to be disclosed by the Arbitrator according to his convenience. [7].

A copy of this order be dispatched to the Arbitrator at the following address:- Sh. G.K. Dhir, District & Sessions Judge (Retd.) R/o # 572, Old Sunny Enclave, Behind Gurudwara Sahib, Sector 123-125, Kharar, Distt. SAS Nagar (Mohali), Mobile No.9815739308 [8].

Petition stands disposed of accordingly.

(RAJ MOHAN SINGH) October 27, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No