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High Court of Punjab and Haryana · body

2025 DAILYLAW 50685 (PNJ)

M/S PARKASH CHAND GOYAL v. BABA FARID UNIVERSITY OF HEALTH SCIENCES THROUGH THE EXECUTIVE ENGINEER

ARB/266/2025 · 2025-09-10

Jagmohan Bansal

body2025

Judgment text

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ARB-266-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 255 ARB-266-2025 Date of Decision: 10.09.2025 M/s Parkash Chand Goyal …Applicant Versus Baba Farid University of Health Sciences and another …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Rohan Markanda, Advocate and Mr. Saurav Markanda, Advocate for the applicant Mr. Nitin Kaushal, Advocate for the respondents *** 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. Pursuant to tender, the bid of the applicant was accepted by the respondent vide letter dated 24.07.2017. A dispute erupted between the parties. There is an arbitration clause in Clauses of Contract. 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. MOHIT KUMAR 2025.09.10 16:47 I attest to the accuracy and authenticity of this order/judgment. ARB-266-2025 -2- 4. Learned counsel for the respondents expressed his inability to controvert existence of arbitration clause in Clauses of Contract and service of notice. He further submits that questions of limitation and pre-deposit need to be adjudicated, thus, respondents may be granted liberty to raise these issues before the Arbitral Tribunal. 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. Justice Raj Mohan Singh, Former Judge of this Court, residing at House No. 283, Sector 21-A, Chandigarh, Mobile No.8558809931 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 25.09.2025 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 2025.09.10 16:47 I attest to the accuracy and authenticity of this order/judgment. ARB-266-2025 -3- 11. A request letter along with copy of this order be sent to Mr. Justice Raj Mohan Singh. (JAGMOHAN BANSAL) JUDGE 10.09.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.09.10 16:47 I attest to the accuracy and authenticity of this order/judgment.