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2025 DAILYLAW 58294 (PNJ)

TRIDENT LIMITED v. BRISLECONE INDIA LIMITED

ARB/310/2025 · 2025-09-24

Jasgurpreet Singh Puri

body2025

Judgment text

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ARB-310-2025(O&M) -1- 264 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ARB-310-2025(O&M) Date of Decision: 24.09.2025 TRIDENT LIMITED ....Petitioner(s) Versus BRISTLECONE INDIA LIMITED .....Respondent(s) CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr.Shekhar Verma, Advocate, Ms. Neetu Singh, Advocate and Mr. Rahul Chadha, Advocate, for the petitioner. Mr. Vipul Joshi, Advocate, for the respondent. **** 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. Learned counsel appearing on behalf of the petitioner submitted that an agreement was entered into between the petitioner and the respondent and in the aforesaid agreement, there exists a valid arbitration clause i.e clause 29 by which in case a dispute arises between the parties, then both the parties will appoint one Arbitrator each and both the Arbitrators shall RAKESH KUMAR 2025.09.26 16:16 I attest to the accuracy and authenticity of this order/judgment ARB-310-2025(O&M) -2- appoint the third Arbitrator who shall Chair the proceedings. He submitted that vide Annexure A-6, a notice was issued to the respondent under Section 21 of the Act on 04.04.2025 by nominating the name of the one Arbitrator but thereafter after the expiry of the period, the respondent has also nominated one Arbitrator, which was beyond the period of 30 days and therefore, the present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of a Sole Arbitrator by this Court. 3. On the other hand, learned counsel appearing on behalf of the respondent submitted that he has sought instructions to state that he has got no objection in case any independent and impartial Arbitrator is appointed by this Court since there is no dispute that there exists a valid arbitration clause which is binding upon both the parties. 4. In view of the aforesaid facts and circumstances, the present petition is allowed. Hon’ble Mr. Justice Amol Rattan Singh, a former Judge of this Court, resident of House No. 363, Sector-2, Panchkula, Mobile No. 9814105596, email ID-amolrattansingh@yahoo.co.in, 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. RAKESH KUMAR 2025.09.26 16:16 I attest to the accuracy and authenticity of this order/judgment ARB-310-2025(O&M) -3- 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 Amol Rattan 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 2025.09.26 16:16 I attest to the accuracy and authenticity of this order/judgment