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High Court of Punjab and Haryana · body

2025 DAILYLAW 33200 (PNJ)

M/S LAKSHAY AND COMPANY v. STATE OF HARYANA AND OTHERS

ARB/172/2025 · 2025-07-08

Jagmohan Bansal

body2025

Judgment text

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` ARB-172-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 271 ARB-172-2025 Date of Decision: 08.07.2025 M/s Lakshay and Company …Applicant Versus State of Haryana and others …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Jagdeep Singh Rana, Advocate for the petitioner Mr. Raman Sharma, Additional Advocate General, Haryana *** 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 11.08.2023 (Annexure P-2). A dispute erupted between the parties. There is an arbitration clause in Conditions of Contract. The allotment of work, arbitration clause in the Conditions of Contract and service of notice under Section 21 of 1996 Act is not disputed. 3. Learned State counsel expressed his inability to controvert execution of arbitration agreement and service of notice. He leaves it to this Court to make appointment of an independent Arbitrator. He further submits MOHIT KUMAR 2025.07.08 17:13 I attest to the accuracy and integrity of this order/judgment. ` ARB-172-2025 -2- that as per arbitration clause, the applicant has to make pre-deposit of 10% of the claimed amount. 4. The applicant, on being confronted with the said clause, submits that pre-deposit would be made within one month from today. 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. Surinder Kumar, Additional District & Sessions Judge (Retd.), residing at House No. 391, Sector-4, Panchkula, Haryana, Mobile No.9896977555 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 23.07.2025 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. MOHIT KUMAR 2025.07.08 17:13 I attest to the accuracy and integrity of this order/judgment. ` ARB-172-2025 -3- 11. A request letter along with copy of this order be sent to Mr. Surinder Kumar. (JAGMOHAN BANSAL) JUDGE 08.07.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.07.08 17:13 I attest to the accuracy and integrity of this order/judgment.