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2025 DAILYLAW 100034 (PNJ)

GURSHARAN SINGH CONTRACTOR v. THE STATE OF PUNJAB AND OTHERS

ARB/554/2025 · 2025-09-15

Jagmohan Bansal

body2025

Judgment text

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ARB-554-2025 & ARB-555-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 104 (2 cases) ARB-554-2025 Date of Decision: 15.09.2025 Gursharan Singh Contractor …Applicant Versus The State of Punjab and others …Respondents With ARB-555-2025 Gursharan Singh Contractor …Applicant Versus The State of Punjab and others …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. R.K. Girdhar, Advocate for the applicant Mr. Aman Dhir, Deputy Advocate General, Punjab *** JAGMOHAN BANSAL, J. (Oral) 1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from ARB-554-2025. 2. Through instant application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ‘1996 Act’), the applicant is seeking appointment of an Arbitrator. MOHIT KUMAR 2025.09.15 16:52 I attest to the accuracy and authenticity of this order/judgment. ARB-554-2025 & ARB-555-2025 -2- 3. Pursuant to tender, the applicant was allotted work by the respondent vide letter dated 19.12.2022. A dispute erupted between the parties. There is an arbitration clause in General Conditions of Contract. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail. 4. Notice of motion. 5. Mr. Aman Dhir, Deputy Advocate General, Punjab, who on advance notice is present in Court, accepts notice on behalf of the respondent-State and waives service. 6. With the consent of both sides, the matter is taken up for final adjudication. 7. Learned State counsel expressed his inability to controvert existence of arbitration clause in General Conditions of Contract and service of notice. 8. 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. 9. Mrs. Keshni Anand Arora, Former Chief Secretary, I.A.S. (Retd.), residing at H.No.54, Sector 5, Chandigarh, Mobile No.9988177777 keshniarora@yahoo.co.in 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. MOHIT KUMAR 2025.09.15 16:52 I attest to the accuracy and authenticity of this order/judgment. ARB-554-2025 & ARB-555-2025 -3- 10. The parties at the first instance will appear before the Arbitrator on 29.09.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator. 11. The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended. 12. The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act. 13. 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. 14. A request letter along with copy of this order be sent to Mrs. Keshni Anand Arora. (JAGMOHAN BANSAL) JUDGE 15.09.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.09.15 16:52 I attest to the accuracy and authenticity of this order/judgment.