Shailesh Tomar v. Municipal Corporation, Gurugram And Others

ARB-627-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH

ARB-627-2021 Date of Decision: August 06, 2022 SHAILESH TOMAR ...... Applicant(s)

Versus

MUNICIPAL CORPORATION, GURUGRAM AND OTHERS ..... Respondent(s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Deepak Singh Saini, Advocate for the applicant.

Mr. Lokesh Sinhal, Advocate for the respondents.

*** LISA GILL, J.

Prayer in this petition under Section 11(6), (7), (8) of the Arbitration and Conciliation Act, 1996 (for short - 'the Arbitration Act') is for appointment of sole independent Arbitrator for resolution of disputes and differences arising out of Agreement dated 24.07.2020 (Annexure P-1), executed between the parties.

Dispute arose between the parties and legal notice dated 28.10.2021 (Annexure P-2) was served upon the respondents by the applicant invoking arbitration Clause no.25-A of the agreement. Existence of an arbitrable dispute between the parties is not denied neither is existence of the arbitration clause denied. At this stage, learned counsel for the parties submit that Mr.Anand Kumar, Chief Engineer (Retired), Irrigation Department, Government of Haryana, resident of House No. B-1/60 (FF), Sushant LokSUNIL 2022.08.18 10:51 I attest to the accuracy and integrity of this document

ARB-627-2021 III, Sector 57, Gurugram, Mobile No. 9716753377, be appointed as the sole Arbitrator in this matter.

Keeping in view the consensus which has emerged as above, Mr. Anand Kumar, Chief Engineer (Retired), Irrigation Department, Government of Haryana, resident of House No. B-1/60 (FF), Sushant LokIII, Sector 57, Gurugram, Mobile No. 9716753377, is appointed as the Sole Arbitrator to resolve all the disputes/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. Learned Arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended from time to time.

Copy of this order be dispatched to Mr. Anand Kumar, Chief Engineer (Retired), Irrigation Department, Government of Haryana, at the following address:- House No. B-1/60 (FF), Sushant Lok-III, Sector 57, Gurugram, Mobile No. 9716753377.

Petition is disposed of accordingly.

06.08.2022 (LISA GILL) Sunil JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No SUNIL 2022.08.18 10:51 I attest to the accuracy and integrity of this document