Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 113992 (PNJ)

M/S WOODECOR v. LUDHIANA BEVERAGES PRIVATE LIMITED

ARB/523/2024 · 2025-03-11

Jagmohan Bansal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 287 ARB-523-2024 (O&M) Date of decision: 11.03.2025 M/S WOODECOR (BUILDERS, INTERIOR DECORATORS & FURNISHERS) ….APPLICANT Vs. LUDHIANA BEVERAGES PRIVATE LIMITED ...RESPONDENT CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Ms. Chetna, Advocate for Mr. Vaibhav Sehgal, Advocate for the applicant. Mr. Sanjeev Goyal, 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 04.10.2022. A dispute erupted between the parties. The applicant served notice upon respondent seeking resolution of dispute through arbitral tribunal but to no avail. 3. Reply filed on behalf of respondent M/s Ludhiana Beverages Private Limited is taken on record. Registry is directed to tag the same at an appropriate place. 4. Mr. Sanjeev Goyal, Advocate, counsel for the respondent submits that claim of the applicant is beyond the purchase order, thus, instant application is not maintainable, however, he expressed his inability to controvert execution of arbitration agreement and service of notice. MANOJ KUMAR 2025.03.12 13:26 I attest to the accuracy and integrity of this document ARB-523-2024 (O&M) -2- 5. The issue raised by respondent needs to be answered by Arbitral Tribunal. 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. Justice Gurbir Singh, Former Judge of this Court, residing at #148-L, Model Town, Ludhiana, Mobile No. 8558807002 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/her convenience. 9. The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended. 10. The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 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. Justice Gurbir Singh. 13. Pending miscellaneous application(s), if any, shall also stand disposed of. 11.03.2025 [JAGMOHAN BANSAL] manoj JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MANOJ KUMAR 2025.03.12 13:26 I attest to the accuracy and integrity of this document