Uttar Haryana Bijili Vitran Nigam ... vs M/S Sundaram Electricals Pvt. Ltd
2023 Latest Caselaw 14844 P&H

                                                                              2023:PHHC:115090




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

                                                                    ARB-16-2019 (O&M)
                                                                    Date of Decision:-01.09.2023

                 Uttar Haryana Bijili Vitran Nigam Ltd                            ....Petitioner

                                                     Versus

                 M/s Sundaram Electricals Pvt. Ltd.                               ... Respondent

                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

                 Present:-        Mr. Prateek Mahajan, Advocate with
                                  Mr. Vasu Gupta, Advocate, for the petitioner.

                                                     *****

                 GURVINDER SINGH GILL, J. (Oral)

1. Respondent stands duly served, but none has put in appearance on behalf of

the respondent.

2. The matter was called couple of times in pre-lunch session, but none has

caused appearance on behalf of the respondent. Even in the post-lunch

session none has appeared on behalf of the respondent. The respondent, as

such, has been proceeded against ex parte.

3. The instant application has been filed under the provisions of Section 11(6)

read with Section 15(2) of the Arbitration and Conciliation Act, 1996, seeking

substitution of the Arbitrator Mr. Justice Darshan Singh, a former Judge of

this Court, who had been appointed by this Court vide order dated

15.12.2017. It appears that subsequently the Arbitrator sent a request for

recusal on account of his full time assignment as Chairman, Haryana Real

Estate Appellate Tribunal. It has been informed that the term of assignment

of Mr. Justice Darshan Singh, as a Chairman is already over and that the

MOHAN SINGH 2023.09.01 19:35 I attest to the accuracy and authenticity of this order/judgment ARB-16-2019 (O&M) (2) 2023:PHHC:115090

petitioner has no objection in case Mr. Justice Darshan Singh, former Judge

of this Court is again formally nominated as an Arbitrator in the instant case.

4. In view of the aforestated position, the instant application is allowed and it is

ordered that Mr. Justice Darshan Singh, former Judge of this Court who had

earlier been ordered to be appointed as Arbitrator is again appointed as an

Arbitrator. However, such appointment would be subject to the declaration to

be made by Mr. Justice Darshan Singh, under Section 12 of the Act with

regard to his independence and impartiality to settle the disputes between the

parties.

5. The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the

Act, as amended or as may be mutually settled by the parties and the

Arbitrator.

6. The venue for the Arbitration shall be at Arbitration Centre, Chandigarh or at

any other place convenient to all concerned.

7. After seeking convenience of the Arbitrator, the parties are directed to appear

before him on 26.9.2023 at 11:00 A.M. or any other date suitable to all

concerned.

8. A copy of this order be sent to the appointed Arbitrator at the given address :

H.No. 56, Sector 16-A, Chandigarh Phone No. 08558809940

9. The petition is accordingly disposed of in the above mentioned terms.

                 01.09.2023                                       ( GURVINDER SINGH GILL )
                 mohan                                                     JUDGE

                               Whether speaking /reasoned         Yes / No
                               Whether Reportable                 Yes / No



MOHAN SINGH
2023.09.01 19:35
I attest to the accuracy and
authenticity of this
order/judgment