Citation : 2022 Latest Caselaw 6513 P&H
Judgement Date : 11 July, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
ARB No. 199 of 2022(O&M)
Date of Decision: July 11 , 2022.
Ramesh Kumar Contractor ...... APPLICANT
Versus
Punjab Water Supply and Sanitatin Department and others
...... RESPONDENTS
CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present: Mr. Jagdeep Singh Rana, Advocate
for the applicant.
Ms. Ambika Bedi, AAG, Punjab.
for the respondents.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****
LISA GILL, J.
Prayer in this petition under Section 11 (6) of the Arbitration and
Conciliation Act, 1996 (for short, 'the Act') is for appointment of an
independent Arbitrator for resolution of disputes and differences arising out of
Agreement, Annexure P1 executed between the parties.
Dispute arose between the parties and notice dated 20.11.2019
(Annexure P5) was served upon the respondents by the applicant. Claim was
repudiated by the respondent. Clause 25 of the Contract agreement provides for
resolution of the dispute through arbitration.
Existence of an arbitrable dispute between the parties is not denied,
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ARB No.199 of 2022(O&M) [2]
neither is the existence of the arbitration clause denied.
Keeping in view the facts and circumstances as above, this petition
is allowed and Mr. Ashok Kumar Singla, District & Sessions Judge (retd.),
resident of House No.486, Punjab IAS/PCS Colony, Mullanpur, New
Chandigarh - 140901, is appointed as the Sole Arbitrator to resolve the
dispute/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. The Arbitrator shall be paid fee in accordance with the
Fourth Schedule of the Act, as amended from time to time.
A copy of this order be dispatched to Mr. Ashok Kumar Singla,
District & Sessions Judge (retd.), at the following address:-
House No.486, Punjab IAS/PCS Colony, Mullanpur, New
Chandigarh - 140901, Mob. Nos.9417376110, 7888329582.
( LISA GILL )
July 11 , 2022. JUDGE
'om'
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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