Mohan Singh Contractor vs Punjab Water Supply And Sewerage ...
2022 Latest Caselaw 7292 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANAAT
                          CHANDIGARH

                                                     ARB No. 591 of 2021(O&M)
                                                 Date of Decision: July 20 , 2022.


Mohan Singh Contractor                               ...... APPLICANT
             Versus
Punjab Water Supply and Sewerage Board and others
                                                     ...... RESPONDENTS

CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:     Mr. J.S.Rana, Advocate
             for the applicant.

             Mr. Ajay Pal Singh, 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 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 19.05.2021

(Annexure P6) 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.591 of 2021(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. S.P.Singh, District & Sessions Judge (retd.), resident of

House No.151, Tribune Mitra Vihar, Sector 29, Panchkula, is appointed as 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. S.P.Singh, District &

Sessions Judge (retd.) at the following address:-

House No.151, Tribune Mitra Vihar, Sector 29, Panchkula, Mob.

No. 9416876888, email: [email protected]

                                                         ( LISA GILL )
July 20 , 2022.                                              JUDGE
'om'

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




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