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High Court of Punjab and Haryana · body

2025 DAILYLAW 21202 (PNJ)

ENVIRO INTEGRATED FACILITY SERVICES PVT LTD v. EXPRESS GREENS M1 CONDOMINIUM ASSOCIATION

ARB/88/2025 · 2025-07-09

Jagmohan Bansal

body2025

Judgment text

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` ARB-88-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 267 ARB-88-2025 Date of Decision: 09.07.2025 Enviro Integrated Facility Services Pvt. Ltd. …Applicant Versus Express Greens M1 Condominium Association …Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Ashish Gupta, Advocate for the applicant Mr. Vaibhav Prashar, Advocate for the respondent *** JAGMOHAN BANSAL, J. (Oral) 1. Through instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘1996 Act’), the applicant is seeking appointment of an Arbitrator. 2. The parties entered into agreement dated 22.04.2020 (Annexure A-1) and addendum dated 28.04.2022 (Annexure A-2). A dispute erupted between the parties. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail. 3. Reply filed on behalf of the respondent is taken on record. Registry is directed to tag the same at an appropriate place. 4. Learned counsel for the respondent expressed his inability to controvert execution of arbitration agreement and service of notice. He submits that Arbitrator stationed at Faridabad may be appointed. MOHIT KUMAR 2025.07.10 09:26 I attest to the accuracy and integrity of this order/judgment. ` ARB-88-2025 -2- 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. 6. Mr. Rajesh Garg, Additional District & Sessions Judge (Retd.), residing at House No.626, Sector 16-A, Faridabad, Mobile No.8558873008 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 instance will appear before the Arbitrator on 24.07.2025 at 10:00 AM 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. Rajesh Garg. (JAGMOHAN BANSAL) JUDGE 09.07.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.07.10 09:26 I attest to the accuracy and integrity of this order/judgment.