Rajesh Kumar vs Raminder Chauhan And Another
2024 Latest Caselaw 13380 P&H

Punjab-Haryana High Court

Rajesh Kumar vs Raminder Chauhan And Another on 1 August, 2024

                 ARB-150-2022                                                                         -1-

                                      IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                   AT CHANDIGARH
                 272                                                   ARB-150-2022
                                                                       Date of Decision: 01.08.2024
                 Rajesh Kumar                                                               ...Applicant

                                                              Versus

                 Raminder Chauhan and another                                           ...Respondents

                 CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

                 Present: -             Mr. Abhishek Sethi, Advocate and
                                        Mr. Tej Bahadur Yadav, Advocate for the applicant

                                        Mr. Praful Rana, Advocate for the respondents

                                        ***
                 JAGMOHAN BANSAL, J. (Oral)

1. Through instant application under Section 11(6) of the

Arbitration and Conciliation Act, 1996 (for short '1996 Act'), the applicant is

seeking appointment of an Arbitrator.

2. The parties entered into Partnership Deed dated 14.07.2020.

There is an arbitration clause in the aforesaid deed. The parties are neither

disputing existence of lease deed nor arbitration clause.

3. The applicant, in terms of Section 21 of 1996 Act, served notice

dated 15.02.2022 (Annexure P-8) upon the respondent for appointment of

Arbitrator. The respondent vide reply dated 02.03.2022 (Annexure P-9)

declined the request of the applicant. Hence, the present application.

4. Conditions to invoke power conferred by Section 11(6) of 1996

Act stand satisfied, thus, I hereby appoint a sole Arbitrator to adjudicate the

dispute between the parties.

authenticity of this order/judgment

5. Mr. Justice (Retd.) Inderjit Singh, residing at #497, IAS/IPS

Society, New Chandigarh, Mobile No.8558809904 is requested to act as an

Arbitrator to adjudicate the dispute between the parties, subject to compliance

of statutory requirements. The learned Arbitrator is requested to comply with

mandate of Section 12 of 1996 Act before proceeding further.

6. Parties are directed to appear before the learned Arbitrator on

date, time and place to be fixed by the Arbitrator at his convenience.

7. The Arbitrator shall be paid fee in accordance with the Fourth

Schedule of the Act, as amended.

8. The Arbitrator is requested to complete the proceedings as per

time limit specified under Section 29-A of the Act.

9. Needless to mention, parties will be at liberty to raise all the

claims/defences/counter claims/pleas before the Arbitrator. Any observation

made hereinabove will not be binding on the learned Arbitrator.

10. A request letter along with copy of this order be sent to Mr.

Justice (Retd.) Inderjit Singh.

                                                                           (JAGMOHAN BANSAL)
                                                                                 JUDGE
                 01.08.2024
                 Mohit Kumar
                                       Whether speaking/reasoned          Yes/No
                                       Whether reportable                 Yes/No







authenticity of this order/judgment