High Court of Punjab and HaryanaARB/592/2021disposed of

Nector Lifesciences Ltd. v. M/S Kevin Process Technologies Pvt. Ltd.

2022-09-29Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ARB No.592 of 2021 (O&M) Date of Decision: 29.09.2022 NECTAR LIFESCIENCES LTD.

......Petitioner Vs M/S KEVIN PROCESS TECHNOLOGIES PVT. LTD.

.....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Ajay Pal Singh, Advocate for the petitioner.

Mr. Rajiv Dhawan, 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 (hereinafter to be referred as 'the Act') for appointment of an independent Arbitrator to adjudicate the dispute between the parties. [2].

An agreement in the form of purchase order was executed between the parties on 08.08.2018. It is not in dispute that the purchase agreement dated 08.08.2018 has an arbitration clause for adjudication of the differences between the parties.

[3].

Learned counsel for both the parties are ad idem that the matter can be referred to the sole Arbitrator for adjudication of the dispute between the parties. The seat of the Arbitrator shall be at Chandigarh. The tentative value of the claim of the petitioner is to the tune of Rs.40 lakhs subject to final adjudication by the Arbitrator.

[4].

In view of aforesaid, I hereby appoint Sh. B.M. Bedi, District & Sessions Judge (Retd.) R/o House No.22, Sector 4 Panchkula, Mob.No.8054381862, Tel. No.0172-4173603, Email: bm_bedi@yahoo.co.in 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 the petitioner and respondent(s) in equal proportion. [6].

Seat of the Arbitrator shall be at Chandigarh, however 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. B.M. Bedi, District & Sessions Judge (Retd.) R/o House No.22, Sector 4 Panchkula, Mob.No.8054381862, Tel. No.0172-4173603, Email: bm_bedi@yahoo.co.in [8].

Petition stands disposed of accordingly.

(RAJ MOHAN SINGH) September 29, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No