M/S SHIVA BUILDERS v. THE STATE OF PUNJAB AND OTHERS
ARB/295/2025 · 2025-08-05
Jagmohan Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54720 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54720 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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ARB-295-2025
-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 253
ARB-295-2025 Date of Decision: 05.08.2025 M/s Shiva Builders
…Applicant Versus The State of Punjab and others
…Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. R.K. Girdhar, 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.
Pursuant to tender, the applicant was allotted work by the respondent vide letter dated 27.07.2023. A dispute erupted between the parties. There is arbitration clause in General Conditions of Contract. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail.
3.
Learned State counsel expressed his inability to controvert existence of arbitration clause in General Conditions of Contract 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.
MOHIT KUMAR 2025.08.05 17:18 I attest to the accuracy and integrity of this
order/judgment.
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ARB-295-2025
-2-
5.
Mr. Sanjeev Kaushik, Former Member (Judicial), Central Administrative Tribunal, residing at House No.1033, Sector 12-A, Panchkula-134112, Mobile No. 9417233385 & 9888884337 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 19.08.2025 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 Mr. Sanjeev Kaushik.
(JAGMOHAN BANSAL)
JUDGE 05.08.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No
MOHIT KUMAR 2025.08.05 17:18 I attest to the accuracy and integrity of this
order/judgment.