Extracted from the PDF above. The PDF is authoritative.
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ARB-251-2025 (O&M)
-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 256
ARB-251-2025 (O&M) Date of Decision: 06.08.2025 Makhan Lal Jindal
…Applicant Versus State of Punjab and others
…Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Gaurav Mohunta, Advocate and Mr. Varun Veer Chauhan, Advocate for the applicant
Mr. Aman Dhir, Deputy Advocate General, Punjab *** 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.
Mr. Gaurav Mohunta, Advocate appeared and filed his Power of Attorney on behalf of the respondent. The same is taken on record. Registry is directed to tag the same at an appropriate place.
3.
The applicant was allotted work by the respondent vide letter dated 03.08.2021. A dispute erupted between the parties. There is an arbitration clause in Conditions of Contract. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail.
4.
Reply filed on behalf of the respondent-State is taken on record. Registry is directed to tag the same at an appropriate place.
MOHIT KUMAR 2025.08.06 17:08 I attest to the accuracy and integrity of this
order/judgment.
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ARB-251-2025 (O&M)
-2-
5.
Learned State counsel submits that respondent has already made full and final payment to the applicant. The arbitration clause could be invoked within 120 days from the date of completion of work.
6.
The applicant is claiming that undisputedly, it has carried out additional work and there was delay on account of lapse on the part of respondent.
7.
The issues raised by both sides are disputed questions which needs to be adjudicated by Arbitral Tribunal.
8.
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.
9.
Mr. Justice Arvind Kumar, Former Judge of this Court, residing at Penthouse 1303-1304, Tower-B, Green Lotus Avenue, Zirakpur-140603, Mobile No.9888807564 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.
10.
The parties at the first instance will appear before the Arbitrator on 20.08.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator.
11.
The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended.
12.
The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act.
MOHIT KUMAR 2025.08.06 17:08 I attest to the accuracy and integrity of this
order/judgment.
`
ARB-251-2025 (O&M)
-3-
13.
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.
14.
A request letter along with copy of this order be sent to Mr. Justice Arvind Kumar.
15.
Pending application(s), if any, shall stand disposed of.
(JAGMOHAN BANSAL)
JUDGE 06.08.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No
MOHIT KUMAR 2025.08.06 17:08 I attest to the accuracy and integrity of this
order/judgment.