` ARB-122-2025 (O&M) & ARB-123-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 261 & 262 ARB-122-2025 (O&M) Date of Decision: 26.05.2025 York Builders Private Limited …Applicant Versus State of Punjab and another …Respondents And ARB-123-2025 (O&M) M/s York Builders Private Limited …Applicant Versus State of Punjab and another …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Arjun Chaudhary, Advocate for the applicant Mr. Chanchal K. Singla, Additional Advocate General, Punjab *** JAGMOHAN BANSAL, J. (Oral) 1. As common issues are involved in the captioned applications, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from ARB No.122-2025. 2. 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. MOHIT KUMAR 2025.05.26 17:08 I attest to the accuracy and integrity of this order/judgement. ` ARB-122-2025 (O&M) & ARB-123-2025 (O&M) -2- 3. The applicant was allotted work vide allotment letter dated 07.01.2016 (Annexure P-2) by the respondent. A dispute erupted between the parties. There is an arbitration clause in General Clauses of Contract. The allotment of work, arbitration clause in General Clauses of Contract and service of notice under Section 21 of 1996 Act is not disputed. 4. Reply filed on behalf of respondent No.2 in both the applications is taken on record. Registry is directed to tag the same at an appropriate place. 5. Learned State counsel submits that entire payment has already been made, thus, nothing is due to the applicant still he is seeking appointment of Arbitral Tribunal. 6. The applicant primarily is claiming interest on the delayed payment. The question of liability of interest cannot be adjudicated by this Court and needs to be adjudicated by the Arbitral Tribunal. 7. 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. 8. Mr. Amarjit Singh Katari, Retired Additional District & Sessions Judge, residing at House No.145, Phase 3B-1, Sector 60, S.A.S. Nagar Mohali, Mobile No.9814112041 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. MOHIT KUMAR 2025.05.26 17:08 I attest to the accuracy and integrity of this order/judgement. ` ARB-122-2025 (O&M) & ARB-123-2025 (O&M) -3- 9. The parties at the first instance will appear before the Arbitrator on 10.06.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator. 10. The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended. 11. The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act. 12. 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. 13. A request letter along with copy of this order be sent to Mr. Amarjit Singh Katari. 14. Pending application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 26.05.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.05.26 17:08 I attest to the accuracy and integrity of this order/judgement.