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2025 DAILYLAW 78992 (PNJ)

M/S GRETIS INDIA PRIVATE LIMITED v. PUNJAB STATE INSTITUTE OF SPORTS

ARB/393/2024 · 2025-05-08

Jagmohan Bansal

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 292 ARB-393-2024 Date of decision: 08.05.2025 M/S GRETIS INDIA PRIVATE LIMITED ….APPLICANT Vs. PUNJAB STATE INSTITUTE OF SPORTS ...RESPONDENT CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. Abhishek Sharma, Advocate for the applicant. Mr. Manu Loona, Advocate for the respondent. **** 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. Reply filed on behalf of respondent is taken on record. Registry is directed to tag the same at an appropriate place. 3. The parties entered into arbitration agreement dated 11.03.2015. A dispute erupted between the parties. The applicant served notice upon respondent seeking resolution of dispute through arbitral tribunal but to no avail. 4. Counsel for the respondent submits that awarded contract was cancelled vide communication dated 09.04.2019, thus, applicant’s claim is barred by limitation. 5. From the perusal of record, it comes out that applicant made representation to respondent on 11.04.2019 which was followed by notice dated 04.01.2022 under Section 21 of 1996 Act. The applicant further sent reminder on 28.04.2022. Supreme Court in Cognizance for Extension of Limitation, In re, MANOJ KUMAR 2025.05.09 10:02 I attest to the accuracy and integrity of this document ARB-393-2024 -2- (2022) 3 SCC 117 has ordered to exclude Covid-19 period while calculating limitation. 6. In such circumstances, question of limitation is an arguable question which needs to be adjudicated by Arbitrator. 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. Ravinder Malik, Advocate, residing at A-4, Shalimar Enclave, Dhakoli, Zirakpur, District Mohali, Punjab, Mobile No. 9417430742 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 23.05.2025 at 10.00 A.M. 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. 13. A request letter along with copy of this order be sent to Mr. Ravinder Malik. 08.05.2025 [JAGMOHAN BANSAL] manoj JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MANOJ KUMAR 2025.05.09 10:02 I attest to the accuracy and integrity of this document