Punjab Urban Development ... vs M/S Avtar Singh Construction ...
2023 Latest Caselaw 14515 P&H

                                                                             2023:PHHC:113126

                               In the High Court for the States of Punjab and Haryana
                                               At Chandigarh


                                                                    CWP-2855-2023 (O&M)
                                                                    Date of Decision:-29.8.2023


                 Punjab Urban Development Aurhotiry                                  ....Petitioner

                                                     Versus

                 M/s Avtar Singh Constructions Company Private Limited and another

                                                                                  ... Respondents



                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL



                 Present:-        Ms. Aashna Gill, Advocate for the petitioner.

                                                     *****

                 GURVINDER SINGH GILL, J. (Oral)

CM-7160-CWP-2023

In view of the reasons mentioned in the application, the same is

allowed and Arbitral Award dated 5.4.2023 passed by sole arbitrator annexed

with the application is taken on record as Annexure P-12 subject to all just

exceptions.

CWP-2855-2023 (Main Case)

1. The instant petition was filed by the petitioner assailing office order dated

21.4.2021/27.4.2021 (Annexure P-1) passed by Chief Administrator, PUDA

vide which Shri Yogesh Gupta, Chief Engineer (Retd.) had been appointed as

sole arbitrator. The petitioner also assails the entire proceedings conducted by

MOHAN SINGH 2023.08.29 18:10 I attest to the accuracy and authenticity of this order/judgment CWP-2855-2023 (O&M) (2) 2023:PHHC:113126

the sole arbitrator mainly on grounds of ineligibility particularly being a case

of unilateral appointment.

2. Today, learned counsel representing the petitioner has placed on record a

copy of arbitral award dated 5.4.2023 passed by Arbitrator during the

pendency of the instant petition.

3. In view of the aforesaid development, this Court is of the opinion that the

petitioner can raise all the grounds as have been raised herein by way of filing

a petition under Section 34 of Arbitration and Conciliation Act, 1996 before

the Court concerned.

4. The instant petition stands disposed off accordingly.

                 29.8.2023                                            ( Gurvinder Singh Gill )
                 pankaj                                                      Judge

                               Whether speaking /reasoned         Yes / No

                               Whether Reportable                 Yes / No




MOHAN SINGH
2023.08.29 18:10
I attest to the accuracy and
authenticity of this
order/judgment