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High Court of Punjab and Haryana · body

2025 DAILYLAW 32133 (PNJ)

SHEKHAR ENTERPRISES v. CHIEF ENGINEER JALANDHAR ZONE

ARB/157/2025 · 2025-07-28

Jagmohan Bansal

body2025

Judgment text

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` ARB-157-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 239 ARB-157-2025 Date of Decision: 28.07.2025 Shekhar Enterprises …Applicant Versus Chief Engineer, Jalandhar Zone and others …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Vishal Gupta, Advocate for the petitioner Mr. Lalit Attri, Central Government Counsel for respondents *** 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. Pursuant to tender, the applicant was allotted work by respondent vide letter dated 08.03.2018. A dispute erupted between the parties. There is an arbitration clause in General Conditions of Contracts. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail. 3. Reply filed by the respondents 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 existence of arbitration clause in General Conditions of Contracts MOHIT KUMAR 2025.07.28 17:32 I attest to the accuracy and integrity of this order/judgment. ` ARB-157-2025 -2- and service of notice. He, however, further submits that there is panel of Arbitrators curated by respondent. Arbitrator from the said panel may be appointed to adjudicate the disputes between the parties. 5. Learned counsel for the applicant submits that all the members of the panel curated by respondent are ex-employees of the respondent. 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 Harbans Lal, Former Judge of this Court, residing at H.No. 503, Lane No. 9/ N-1, I.A.S/ P.C.S Officers Colony, Mullanpur, New Chandigarh, District S.A.S. Nagar (Mohali), Mobile No.7508011577 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. The parties at the first instance will appear before the Arbitrator on 12.08.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator. 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. MOHIT KUMAR 2025.07.28 17:32 I attest to the accuracy and integrity of this order/judgment. ` ARB-157-2025 -3- 12. A request letter along with copy of this order be sent to Mr. Justice Harbans Lal. (JAGMOHAN BANSAL) JUDGE 28.07.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.07.28 17:32 I attest to the accuracy and integrity of this order/judgment.