M/S Bhullar Micro Breweries vs Euthoria Developers Pvt Ltd And Anr
2024 Latest Caselaw 20710 P&H

Punjab-Haryana High Court

M/S Bhullar Micro Breweries vs Euthoria Developers Pvt Ltd And Anr on 21 November, 2024

Author: Suvir Sehgal

Bench: Suvir Sehgal

                        CWP-23553-2024                         -1-

                                      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                                                    CHANDIGARH
                        (246)
                                                                                     CWP-23553-2024
                                                                          Date of decision:- 21.11.2024
                        M/s Bhullar Micro Breweries                               ... Petitioner
                                                              Versus
                        Euthoria Developers Pvt. Ltd. And another                 ... Respondents

                        CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

                        Present:- Mr. Vivek Salathia, Advocate for the petitioner.

                                       Mr. Sandeep Vermani, Advocate for respondent No.1.
                                                ****
                        SUVIR SEHGAL, J. (ORAL)

1. Petitioner has approached this Court under Article 226/227 of the

Constitution of India inter-alia for issuance of a writ in the nature of

certiorari for quashing impugned order dated 28.06.2024, Annexure P-11,

passed by the learned Arbitrator, whereby an application filed under

Section 16 of the Arbitration and Conciliation Act, 1996 (for short "the

Arbitration Act") by the petitioner has been rejected.

2. By making a reference to Arbitration Clause 37.1 of the

agreement, Annexure P-1,, counsel for the petitioner has contended that

power to appoint an Arbitrator has been exclusively vested in respondent

No.1, who has made a unilateral appointment. It has been asserted that the

consent of the petitioner was never obtained and the appointment is

contrary to the decision of the Supreme Court in Perkins Eastman

Architects DPC and another Versus HSCC (India) Ltd., 2020(20) SCC

3. Counsel for the respondent No.1 has contested the petition and

supported the appointment, but upon instructions from Mr. Vikram Singh,

authenticity of this order/judgment

Legal Advisor of respondent No.1 submits that he does not have any

objection, in case, the mandate of the already appointed Arbitrator is

terminated and a substitute Arbitrator is appointed in her place.

4. Counsel for the petitioner has given concurrence to this course

being adopted.

5. In view, thereof, mandate of the Arbitrator appointed by

respondent No.1 vide letter dated 09.03.2024, Annexure R-4/1, is

terminated and in her place, Mr. Justice (Retd.) R.L. Anand, a former Judge

of this Court, resident of # E 223, Ranjit Avenue, Amritsar, Mobile No.

98721-74499, is nominated as an Arbitrator to adjudicate the dispute

between the parties, subject to compliance of statutory provisions.

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

date, time and place fixed and communicated by the learned Arbitrator at

his convenience.

7. Parties will be at liberty to raise all claims, counter claims,

defences, pleas etc. before the learned Arbitrator.

8. Needless to mention that all the questions arising between the

parties in this matter will remain open for determination in the arbitral

proceedings and any observation hereinabove made will not be binding on

the learned Arbitrator.

9. A request letter alongwith a copy of the order be sent to Mr.

Justice (Retd.) R.L.Anand.

                        21.11.2024                                            (SUVIR SEHGAL)
                        Kamal                                                     JUDGE
                                      Whether Speaking/Reasoned               Yes/No
                                      Whether Reportable                      Yes/No







authenticity of this order/judgment