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2025 DAILYLAW 53523 (PNJ)

RAJENDRA SINGH YADAV v. GOPI CHAND SHARMA AND ANR.

ARB/250/2023 · 2025-04-22

Jagmohan Bansal

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 266 ARB-250-2023 Date of decision: 22.04.2025 RAJENDRA SINGH YADAV ….APPLICANT Vs. GOPI CHAND SHARMA AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. Sukhbir Mandi, Advocate for the applicant. Mr. Hardeep Singh, Advocate for respondent No. 1. **** 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. The parties entered into arbitration agreement. A dispute erupted between the parties. The applicant served notice upon respondent seeking resolution of dispute through arbitral tribunal but to no avail. 3. Mr. Hardeep Singh, Advocate, counsel for respondent No. 1 expressed his inability to controvert execution of arbitration agreement and service of notice. 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. MANOJ KUMAR 2025.04.23 11:08 I attest to the accuracy and integrity of this document ARB-250-2023 -2- 5. Mr. Rajesh Garg, Additional District & Sessions Judge (Retd.), House No.626, Sector 16-A, Faridabad, Mobile No.8558873008 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. 6. The parties at the first instance will appear before the Arbitrator on 06.05.2025 at 10.00 A.M. 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 Mr. Rajesh Garg. 22.04.2025 [JAGMOHAN BANSAL] manoj JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MANOJ KUMAR 2025.04.23 11:08 I attest to the accuracy and integrity of this document