Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
248
ARB-378-2025 (O&M)
Date of Decision: 01.09.2025 PCC-MLJ (JV)
…Applicant Versus
The State of Punjab and another
…Respondents With Sr. No. Case No. Applicant(s) Respondent(s)
2. ARB-385-2025 (O&M) PCC-MLJ (JV) The State of Punjab and another
3. ARB-387-2025 (O&M) PCC-MLJ (JV) The State of Punjab and another
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: - Mr. Shailender Kashyap, Advocate for the applicant
Mr. Chanchal K. Singla, Additional Advocate General, Punjab
Mr. Ashish Grover, Advocate for respondent No.2 *** JAGMOHAN BANSAL, J. (Oral)
1.
As common issues are involved in the captioned applications, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from ARB-378-2025.
2.
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.
3.
The applicant was awarded work by respondent No.2 vide agreement dated 09.09.2016. A dispute erupted between the parties. The MOHIT KUMAR 2025.09.01 16:39 I attest to the accuracy and authenticity of this
order/judgment.
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applicant served notice upon respondent No.2 seeking resolution of dispute through Arbitral Tribunal but to no avail.
4.
Learned counsel for respondent No.2 submits that last payment was made in 2022, however, final bill was submitted in 2018, thus, claim of the applicant is barred by limitation.
5.
Concededly, partial payment was made in 2022, thus, this Court cannot prima facie conclude that claim of the applicant is deadwood. The matter needs to be adjudicated by Arbitral Tribunal.
6.
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.
7.
Mr. Justice Jaswant Singh, Former Chief Justice of Tripura High Court, residing at House No.2247, Star Enclave, Sector 48-C, Chandigarh-160047 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.
8.
The parties at the first instance will appear before the Arbitrator on 15.09.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator.
9.
The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended.
10.
The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act.
11.
Needless to mention, parties would be at liberty to raise all the MOHIT KUMAR 2025.09.01 16:39 I attest to the accuracy and authenticity of this
order/judgment.
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claims/defences/counter claims/pleas before the Arbitrator. Any observation made hereinabove will not be binding on the learned Arbitrator.
12.
A request letter along with copy of this order be sent to Mr. Justice Jaswant Singh.
13.
Pending application(s), if any, shall stand disposed of.
(JAGMOHAN BANSAL)
JUDGE 01.09.2025 Mohit Kumar
Whether speaking/reasoned Yes/No Whether reportable Yes/No
MOHIT KUMAR 2025.09.01 16:39 I attest to the accuracy and authenticity of this
order/judgment.