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High Court of Punjab and Haryana · body

2025 DAILYLAW 106830 (PNJ)

MS LEPTON SOFTWARE EXPORT AND RESEARCH PVT THROUGH ITS AUTHORIZED REPRESENTATIVE, MR. ASHOK THAKUR v. MS GM INFINITE DWELLING INDIA PRIVATE LIMITED

ARB/573/2023 · 2025-08-28

Jagmohan Bansal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

` ARB-573-2023 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 220 ARB-573-2023 Date of Decision: 28.08.2025 M/s Lepton Software Export and Research Pvt. Ltd. …Applicant Versus M/s GM Infinite Dwelling India Private Limited …Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Ms. Ayushi Garg, Advocate for Ms. Sonia Madan, Advocate for the applicant None for the respondent *** JAGMOHAN BANSAL, J. (Oral) 1. 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. 2. As per office report, respondents stands served. On 21.05.2025, there was no representation of the respondent and in the interest of justice, the matter was adjourned. Even today, there is no change in the situation. It appears that respondent has opted to abstain from joining the proceedings before this Court. The matter cannot be kept pending for an indefinite period especially when the prayer in the application is confined to appointment of an Arbitrator who ultimately would adjudicate rights and liabilities of the MOHIT KUMAR 2025.08.28 17:25 I attest to the accuracy and authenticity of this order/judgment. ` ARB-573-2023 -2- parties. Thus, this Court is left with no other option except to adjudicate the case on the basis of available record. 3. The parties entered into arbitration agreement dated 12.11.2019. A dispute erupted between the parties. The applicant served notice upon the respondents seeking resolution of dispute through Arbitral Tribunal but to no avail. 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. 5. Mr. Naresh Kumar Bansal, Advocate, residing at House No.1071, Sector 42-B, Chandigarh-160036, Mobile No.9814100403 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. 6. The parties at the first instance will appear before the Arbitrator on 11.09.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator. 7. The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended. 8. The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act. MOHIT KUMAR 2025.08.28 17:25 I attest to the accuracy and authenticity of this order/judgment. ` ARB-573-2023 -3- 9. 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. 10. A request letter along with copy of this order be sent to Mr. Naresh Kumar Bansal. (JAGMOHAN BANSAL) JUDGE 28.08.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.08.28 17:25 I attest to the accuracy and authenticity of this order/judgment.