Anil Kumar Aggarwal And Ors vs Punjab Agro Food Grain ...
2022 Latest Caselaw 7094 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANAAT
                          CHANDIGARH

                                                      ARB No. 95 of 2021(O&M)
                                                 Date of Decision: July 18 , 2022.


Anil Kumar Aggarwal and others                                 ...... APPLICANTS
             Versus
Punjab Agro Food Grain Corporation and others
                                                     ...... RESPONDENTS

CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:     Mr. Ishan Gupta, Advocate
             for the applicants.

             Mr. Vishal Moudgill, Advocate
             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 sole

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 11.09.2019

(Annexure P3) was served upon the respondents by the applicant. Claim was

repudiated by the respondent. The contract/lease 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.95 of 2021(O&M) [2]

neither is the existence of the arbitration clause denied.

It is informed by learned counsel for the parties that consensus has

been arrived at for appointment of Mr. Amarjit Singh Katari, Additional District

& Sessions Judge (retd.) as sole Arbitrator to resolve the dispute/differences

between the parties.

Keeping in view the facts and circumstances as above, this petition

is allowed and Mr. Amarjit Singh Katari, Additional District & Sessions Judge

(retd.), resident of Kothi No.145, Phase - 3, B-1, Sector 60, Mohali, District

SAS Nagar, is appointed as the Sole Arbitrator to resolve all the

dispute/differences between the parties arising out of agreement, Annexure P1.

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. Amarjit Singh Katari,

Additional District & Sessions Judge (retd.), at the following address:-

Kothi No.145, Phase - 3, B-1, Sector 60, Mohali, District SAS

Nagar, Mob. No.9814112041.

                                                         ( LISA GILL )
July 18 , 2022.                                              JUDGE
'om'

                     Whether speaking/reasoned:       Yes/No
                     Whether reportable:              Yes/No




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