High Court of Punjab and HaryanaARB/308/2019disposed of

Subhash Khandelwal And Another v. Karan Seth And Another

2022-09-05Mr. Justice Raj Mohan Singh3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 05.09.2022 Subhash Khandelwal and another -Petitioners

Versus

Karan Seth and another -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. S.K. Bawa, Advocate, for Mr. G.S. Bhandal, Advocate, for the petitioners.

Mr. Kartik Sandal, Advocate, for the respondents.

**** RAJ MOHAN SINGH, J. (Oral) Petitioners have preferred this petition under Section 11(5) of Arbitration and Conciliation Act for the appointment of an independent sole arbitrator.

Notice of motion was issued on 16.01.2020.

Mr. Kartik Sandal, Advocate appears on behalf of the respondents and submits that the respondents have no objection for the appointment of independent arbitrator and they will participate in the arbitral proceedings and would also set up a counter claim to the claim of the petitioners.

-2Both the parties are ad idem that an independent arbitrator be appointed for deciding the dispute. Admittedly, there was a contract agreement having arbitration clause and the petitioners have already invoked the same. The claim of the parties shall be decided by the arbitrator in accordance with law. In view of aforesaid, I hereby appoint Sh. B.K. Mehta, District and Sessions Judge (Retd.), House No.5601, Sector 38 (W), Chandigarh, Mobile No.8872419600, balimehta@msn.com 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.

The Arbitrator would complete the proceedings within specified time in terms of Section 29-A of the said Act. The Arbitrator shall be paid fee in accordance with the 4th Schedule of the Act as amended from time to time. The fee shall be borne by parties in equal proportion.

A copy of this order be dispatched to the Arbitrator at the following address:- House No.5601, Sector 38 (W), Chandigarh, Mobile No.8872419600, balimehta@msn.com

-3Petition stands disposed of accordingly.

05.09.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No