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2025 DAILYLAW 53799 (PNJ)

M/S UTTAR PRADESH STATE BRIDGE CORPORATION LTD. v. STATE OF PUNJAB AND ANOTHER

ARB/430/2021 · 2025-09-24

Jasgurpreet Singh Puri

body2025

Judgment text

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ARB-430-2021(O&M) -1- 222 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ARB-430-2021(O&M) Date of Decision: 24.09.2025 M/S UTTAR PRADESH STATE BRIDGE CORPORATION LTD. ....Petitioner(s) Versus STATE OF PUNJAB AND ANOTHER .....Respondent(s) CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. P.S. Rana, Advocate and Mr. Sameer Chandwani, Advocate, for the petitioner. Mr. Somesh Arora,Addl. A.G,Punjab. **** JASGURPREET SINGH PURI , J. (Oral) 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) seeking appointment of an independent Arbitrator to adjudicate the disputes and differences which have arisen between the parties pertaining to an agreement entered into between the parties. 2. Both the learned counsels for the parties have submitted that the procedure for appointment of Arbitral Tribunal has failed. 3. Mr. Somesh Arora, learned Additional Advocate General, Punjab has submitted that he has sought specific instructions from Sh. Sukhvir Singh, Sub Divisional Engineer, PWD (B&R), Ludhiana to submit that the State of Punjab has no objection in case any independent and RAKESH KUMAR 2025.09.25 16:35 I attest to the accuracy and authenticity of this order/judgment ARB-430-2021(O&M) -2- impartial Arbitrator is appointed to adjudicate the dispute between the parties since there is a valid arbitration clause i.e. clause 25.3(a) in the agreement between the parties. 4. In view of the facts and circumstances of the present case and considering the submissions made by both the learned counsel for the parties wherein the State of Punjab has no objection with regard to the appointment of an Arbitrator, the present petition is allowed. Hon’ble Mr. Justice Raj Mohan Singh, a former Judge of this Court, resident of House No.283, Sector 21-A, Chandigarh, Mobile No. 8558809931, is nominated as the Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory provisions including Section 12 of the Act. 5. Parties are directed to appear before the learned Arbitrator on date, time and place to be fixed and communicated by the learned Arbitrator at his convenience. 6. Fee shall be paid to the learned Arbitrator in accordance with the Fourth Schedule of the Arbitration Act, as amended. 7. Learned Arbitrator is also requested to complete the proceedings as per the time limit prescribed under Section 29-A of the Act. 8. A request letter alongwith a copy of the order be sent to Hon’ble Mr. Justice Raj Mohan Singh, a former Judge of this Court. 24.09.2025 (JASGURPREET SINGH PURI) rakesh JUDGE Whether speaking : Yes/No Whether reportable : Yes/No RAKESH KUMAR 2025.09.25 16:35 I attest to the accuracy and authenticity of this order/judgment