Punjab-Haryana High Court
Oasis Projects Ltd vs State Of Punjab And Others on 12 November, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
ARB-394-2023 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
(114+231-2)
ARB-394-2023 (O&M)
Date of decision:- 12.11.2024
Oasis Projects Limited ... Petitioner
Versus
State of Punjab and others ... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Naresh Markanda, Senior Advocate with
Mr. Nikhil Handu, Advocate,
Mr. Rohan Markanda, Advocate and
Ms. Aviral Setia, Advocate
for the petitioner.
Ms. Amrita Garg, AAG, Punjab
for the applicants-respondents.
****
SUVIR SEHGAL, J. (ORAL)
CM-20176-CII-2024
1. Application is allowed, as prayed for.
2. Reply filed on behalf of respondents No.1 to 3 is taken on record.
Main case
3. By way of instant petition filed under Section 11 (6) of the
Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act"),
petitioner has approached this Court for appointment of an Arbitrator to
adjudicate the dispute between the parties.
authenticity of this order/judgment
ARB-394-2023 (O&M) -2-
4. Mr. Markanda, learned senior counsel for the petitioner, submits
that the petitioner was allotted a road work vide allotment letter dated
21.01.2016, Annexure P-2. He submits that Clause 3 of the General
Conditions of the Contract, Annexure P-1, contains a provision for
resolution of disputes through the medium of arbitration. By making a
reference to communication dated 23.09.2020, Annexure P-20, he submits
that the petitioner has exhausted the pre-reference mechanism as provided in
the Arbitration Act. He submits that on invocation of the Arbitration Clause,
in terms of Section 6 of the Punjab Infrastructure (Development and
Regulation) Act, 2002, Sh. Manmohan Singh, the then Chairman of the
Punjab Infrastructure Regulatory Authority (PIRA) was appointed as the
Arbitrator and the arbitral proceedings before him were concluded and the
orders were reserved. He submits that in the meantime, the Chairman retired
and the arbitral award was not pronounced. He submits that by letters,
Annexures P-26 to P-28, petitioner requested the Chairman, PIRA to
announce the award. Reference has also been made by the learned senior
counsel to the memorandum dated 05.02.2024 to submit that the
Department of Finance, Government of Punjab has issued instructions to the
effect that as the posts of PIRA are vacant, all the pending applications for
appointment of Arbitrators should be left to the decision of the High Court.
5. Upon notice by this Court, response has been filed by the
respondents. Ms. Amrita Garg, AAG, Punjab is not in a position to dispute
the factual position, though she submits that some of the claims raised by
the petitioner before the Dispute Review Expert were accepted. She has
authenticity of this order/judgment
ARB-394-2023 (O&M) -3-
specific instructions from Mr. Sanjeev Kumar, SDE, PWD (B&R),
Rupnagar to state that Sh. Manmohan Singh, Chief Engineer-cum-Engineer
in Chief (Retd.), Government of Punjab, who was the Arbitrator, be
appointed to conclude the arbitral proceedings.
6. In view of the above, prayer made in the petition is accepted. Sh.
Manmohan Singh, Chief Engineer-cum-Engineer in Chief (Retd.), former
Member of Punjab Infrastructure Regulatory Authority (PIRA), resident of
#74, Ward No. 07, Gurudwara Road, Kharar, District Mohali Punjab -
140301, Mobile No. 9876700454, is nominated as an Arbitrator to
adjudicate the dispute between the parties, subject to declaration to be made
by him under Section 12 of the Act with regard to his independence and
impartiality to adjudicate the dispute.
7. Parties are directed to appear before the Arbitrator on 12.12.2024,
at 11:00 A.M., at the address mentioned above or at any other place, time or
day to be fixed by the learned Arbitrator.
8. Fee shall be paid to the Arbitrator in accordance with the Fourth
Schedule of the Arbitration Act, as amended.
9. Learned Arbitrator is requested to complete the proceedings as per
time limit specified under Section 29-A of the Arbitration Act.
10. Parties will be at liberty to raise all the claims, counter claims,
defences, pleas etc. before the Arbitrator.
11. Needless to mention that all the questions arising between them in
this matter will remain open for determination in the arbitral proceedings
and any observation made hereinabove will not be binding on the learned
authenticity of this order/judgment
ARB-394-2023 (O&M) -4-
Arbitrator.
12. A copy of this order be sent to the nominated Arbitrator.
(SUVIR SEHGAL)
JUDGE
12.11.2024
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
authenticity of this order/judgment
