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2025 DAILYLAW 18765 (PNJ)

HDFC BANK LTD v. OM PARKASH AND ANR

ARB/75/2025 · 2025-07-14

Jagmohan Bansal

body2025

Judgment text

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` ARB-75-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 276 ARB-75-2025 Date of Decision: 14.07.2025 HDFC Bank Limited …Applicant Versus Om Parkash and another …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Abhishek Garg, Advocate and Mr. Sanchit Malik, Advocate for HDFC Bank None for the respondents *** 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, the respondents stand served. On 30.04.2025, there was no representation of the respondents and in the interest of justice, the matter was adjourned for today. Even today, there is no change in the situation. It appears that the respondents have opted to abstain from joining the proceedings before this Court. The matter is pending before this Court for several months and it 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 MOHIT KUMAR 2025.07.14 16:10 I attest to the accuracy and integrity of this order/judgment. ` ARB-75-2025 -2- rights and liabilities of the 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 15.10.2014 (Annexure P-2). 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. Parminder Pal Singh Thethi, Advocate, residing at House No. 1158, Sector 33-C, Chandigarh-160020, Mobile No. 9815498548 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 29.07.2025 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 2025.07.14 16:10 I attest to the accuracy and integrity of this order/judgment. ` ARB-75-2025 -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. Parminder Pal Singh Thethi, Advocate. (JAGMOHAN BANSAL) JUDGE 14.07.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.07.14 16:10 I attest to the accuracy and integrity of this order/judgment.