Extracted from the PDF above. The PDF is authoritative.
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ARB-281-2025
-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 254
ARB-281-2025 Date of Decision: 12.08.2025 M/s Builders India
…Applicant Versus Union of India and others
…Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Sahil Gupta, Advocate for the applicant
Mr. Ashish Chaudhary, Senior Panel Counsel for Union of India-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 vide letter dated 29.11.2014. Thereafter, an agreement was executed between the parties. A dispute erupted between the parties. There is an arbitration clause in the tender document. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail.
3.
Learned counsel for the respondents expressed his inability to controvert existence of arbitration clause and service of notice. He, however, submits that claim raised by the applicant is highly disputed. The application is not maintainable.
MOHIT KUMAR 2025.08.13 09:28 I attest to the accuracy and integrity of this
order/judgment.
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ARB-281-2025
-2-
4.
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.
5.
Er. Vipan Kumar Bansal, Retired Chief Engineer, PWD (B&R), Punjab, residing at #23-24, Maharaja Yadavindra Enclave, Patiala, Punjab147005, Mobile No.9814866869 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.
6.
The parties at the first instance will appear before the Arbitrator on 26.08.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator.
7.
The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended.
8.
The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act.
9.
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.
10.
A request letter along with copy of this order be sent to Er. Vipan Kumar Bansal.
(JAGMOHAN BANSAL)
JUDGE 12.08.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No
MOHIT KUMAR 2025.08.13 09:28 I attest to the accuracy and integrity of this
order/judgment.