Punjab-Haryana High Court
Ms Emm Emm Fuels Through Proprietor ... vs Hdfc Bank Ltd And Anr on 4 September, 2024
Neutral Citation No:=2024:PHHC:115475
ARB-571-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
282 ARB-571-2023
Date of Decision: 04.09.2024
M/s EMM EMM Fuels ...Applicant
Versus
HDFC Bank Limited and another ...Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: - Mr. Amit Jain, Senior Advocate with
Mr. Parit Aggarwal, Advocate for the applicant
Mr. A.P.S. Sehgal, 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 agreement dated 10.03.2015 (Annexure
P-2). There is an arbitration clause in the aforesaid agreement. The execution
of agreement, arbitration clause in the agreement and service of notice under
Section 21 of 1996 Act is not disputed.
3. Learned counsel for the respondents submits that claim of the
applicant seems to be time barred and it may be permitted to raise this
question before the Arbitrator, if any, appointed by this Court. He further
claims that as per agreement, the venue of Arbitral Tribunal is Mumbai.
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4. Mr. Amit Jain, Senior Advocate, submits that contract was signed
and executed at Jalandhar. The applicant filed Civil Suit at Gurdaspur. As per
Schedule annexed to the Agreement, Mumbai as well as Jalandhar Courts
have jurisdiction. The respondent is having its branches across the State of
Punjab.
5. In view of judgment dated 06.08.2024 passed by this Court in
M/s I Care Consultancy v. L&T Finance Limited and others, ARB No.57 of
2023, the objection of the respondent qua territorial jurisdiction is not
sustainable, however, he is at liberty to raise the question of limitation before
the Arbitrator.
6. 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.
7. Mr. Jasvir Singh Kang, Additional District and Sessions Judge
(Retd.), residing at House No.72, Street No.4, Guru Gobind Singh Nagar,
Near Prithvi Planet, Jalandhar- 144003, Mobile No.9815402125, 8558830018
is hereby appointed as a Sole 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.
8. Parties are directed to appear before the learned Arbitrator on
date, time and place to be fixed by the Arbitrator at his convenience.
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9. The Arbitrator shall be paid fee in accordance with the Fourth
Schedule of the Act, as amended.
10. The Arbitrator is requested to complete the proceedings as per
time limit specified under Section 29-A of the Act.
11. Needless to mention, parties would 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.
12. A request letter along with copy of this order be sent to
Mr. Jasvir Singh Kang.
(JAGMOHAN BANSAL)
JUDGE
04.09.2024
Mohit Kumar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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