Extracted from the PDF above. The PDF is authoritative.
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ARB-347-2025
-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
119
ARB-347-2025 Date of Decision: 27.05.2025 Gunwati
…Applicant Versus M/s TDI Infrastructure Private Limited
…Respondent
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Ashish Gupta, Advocate and Mr. Duni Chand, Advocate for the applicant
Mr. Munish Gupta, Advocate for the respondent (through video conferencing) *** JAGMOHAN BANSAL, J. (Oral)
1.
Through instant application under Section 11(6) 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 dated 06.07.2012 (Annexure A-1). A dispute erupted between the parties. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail.
3.
Notice of motion.
4.
Mr. Munish Gupta, Advocate, who on advance notice is present in Court, accepts notice on behalf of the respondent.
MOHIT KUMAR 2025.05.27 17:28 I attest to the accuracy and integrity of this
order/judgement.
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ARB-347-2025
-2-
5.
On the request of both sides, the present application is taken up for final adjudication.
6.
Learned counsel for the respondent expressed his inability to controvert execution of arbitration agreement and service of notice.
7.
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.
8.
Mr. Subhash Goyal, District & Sessions Judge (Retd.), residing at House No. 4254-A, Sector 23-A, Gurugram, Mobile No. 8813888900 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.
9.
The parties at the first instance will appear before the Arbitrator on 11.06.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator.
10.
The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended.
11.
The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act.
12.
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.
MOHIT KUMAR 2025.05.27 17:28 I attest to the accuracy and integrity of this
order/judgement.
`
ARB-347-2025
-3-
13.
A request letter along with copy of this order be sent to Mr. Subhash Goyal.
(JAGMOHAN BANSAL)
JUDGE 27.05.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No
MOHIT KUMAR 2025.05.27 17:28 I attest to the accuracy and integrity of this
order/judgement.