M/S SRN RECYCLING PRIVATE LIMITED v. THE NEW INDIA ASSURANCE CO LTD
ARB/644/2024 · 2025-03-27
Jagmohan Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110232 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110232 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
287
ARB-644-2024
Date of decision: 27.03.2025
M/S SRN RECYCLING PRIVATE LIMITED ….APPLICANT
Vs.
THE NEW INDIA ASSURANCE CO. LTD.
...RESPONDENT
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. J.S. Sibia, Advocate
for the applicant.
Mr. Suman Jain, Advocate
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.
The parties entered into arbitration agreement dated 30.05.2022. A dispute erupted between the parties. The applicant served notice upon respondent seeking resolution of dispute through arbitral tribunal but to no avail.
3.
Mr. Suman Jain, Advocate, counsel for the respondent expressed his inability to controvert execution of arbitration agreement and service of notice.
4.
Learned counsel for the parties submit that for all intent and purposes, venue and seat of the Arbitrator would be at Chandigarh.
5.
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.
MANOJ KUMAR 2025.03.28 10:23 I attest to the accuracy and integrity of this document
ARB-644-2024
-2-
6.
Mr. Justice Jaswant Singh, Former Chief Justice of Tripura High Court, residing at House No.197, Sector 19-A, Chandigarh- 160019, Mobile No. 9780008136 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.
7.
The parties at the first instant will appear before the Arbitrator on 08.04.2025 at 10.00 A.M. and thereafter as directed by learned Arbitrator.
8.
The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended.
9.
The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act.
10.
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.
11.
A request letter along with copy of this order be sent to Mr. Justice Jaswant Singh.
27.03.2025
[JAGMOHAN BANSAL] manoj
JUDGE
Whether speaking/reasoned Yes/No
Whether reportable
Yes/No
MANOJ KUMAR 2025.03.28 10:23 I attest to the accuracy and integrity of this document