` ARB-121-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 258 ARB-121-2025 Date of Decision: 11.08.2025 Chandan Kumar Roy …Applicant Versus The General Manager (Engineering), Northern Railway, and others …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Dheeraj Mahajan, Advocate for the applicant Mr. Shivoy Dhir, Advocate 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. Pursuant to tender, the applicant was allotted work by the respondent vide letter dated 31.08.2023. Thereafter, a contract agreement was executed between the parties. A dispute erupted between the parties. There is an arbitration clause in General Conditions of Contract. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail. 3. Learned counsel for the respondent expressed his inability to controvert existence of arbitration clause and service of notice. He, however, submits that as per contract agreement, Arbitrator has to be appointed by the respondent. MOHIT KUMAR 2025.08.11 17:22 I attest to the accuracy and integrity of this order/judgment. ` ARB-121-2025 -2- 4. In view of judgment of Five Judges Bench of Supreme Court in Central Organisation for Railway Electrification v. ECI SPIC SMO MCML (JV) A Joint Venture Co., 2024 SCC OnLine SC 3219 read with Section 12(5) of 1996 Act, the respondent cannot make unilateral appointment. Such appointment is bad in the eye of law. There should be an independent Arbitrator. Impartiality and confidence of parties are pillars of arbitration proceedings. The appointment in such circumstances needs to be made by High Court or Supreme Court. 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. Justice K.C. Puri, Former Judge of this Court, residing at House No. 495, Lane No. 9 N/1, The Foothill Residential Co-operative Society, New Chandigarh, Mullanpur Garibdass, Tehsil Kharar, District S.A.S. Nagar (Mohali)-140901, Mobile No. 6239744485 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 25.08.2025 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. MOHIT KUMAR 2025.08.11 17:22 I attest to the accuracy and integrity of this order/judgment. ` ARB-121-2025 -3- 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 K.C. Puri. (JAGMOHAN BANSAL) JUDGE 11.08.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.08.11 17:22 I attest to the accuracy and integrity of this order/judgment.