Extracted from the PDF above. The PDF is authoritative.
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ARB-158-2025 (O&M)
-1- THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 228
ARB-158-2025 (O&M) Date of Decision: 28.05.2025 Gagan Mathawan
…Applicant Versus Manish Kumar Baheti
…Respondent
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Z.A. Siddiqui, Advocate for the applicant (through video conferencing)
Mr. Paras Chawla, Advocate for the respondent (through video conferencing) *** 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 01.06.2021 (Annexure P-4). 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.
Mr. Paras Chawla, Advocate appeared and filed his Memorandum of Appearance on behalf of the respondent. The same 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.
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.
MOHIT KUMAR 2025.05.29 15:05 I attest to the accuracy and integrity of this
order/judgement.
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ARB-158-2025 (O&M)
-2-
6.
Mr. Raj Kumar, District & Sessions Judge (Retd.), residing at S-18/1A, DLF Phase-3, Gurugram, Haryana, Mobile Nos.9996746664 & 7290917383 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 12.06.2025 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. Raj Kumar.
12.
Pending application(s), if any, shall stand disposed of.
(JAGMOHAN BANSAL)
JUDGE 28.05.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No
MOHIT KUMAR 2025.05.29 15:05 I attest to the accuracy and integrity of this
order/judgement.