M/S KARTIK AGRO INDUSTRIES v. DISTT. FOOD AND SUPPLIES CONTROLLER, YAMUNA NAGAR
ARB/328/2023 · 2025-07-09
Jagmohan Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80172 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80172 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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ARB-328-2023
-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 238
ARB-328-2023 Date of Decision: 09.07.2025 M/s Kartik Agro Industries
…Applicant Versus District Food & Supplies Controller, Yamuna Nagar …Respondent
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Namit Khurana, Advocate for the applicant
Mr. Raman Sharma, Additional Advocate General, Haryana *** 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 agreement dated 09.10.2020 (Annexure P-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.
Learned State counsel expressed his inability to controvert execution of arbitration agreement and service of notice. He submits that claim of the applicant is barred by limitation. The respondent may be granted liberty to pursue said issue before the Arbitrator.
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 2025.07.10 09:26 I attest to the accuracy and integrity of this
order/judgment.
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ARB-328-2023
-2-
5.
Mr. Justice Vivek Puri, Retired Judge of this Court, residing at House No. 237, Sector 16-A, Chandigarh, Mobile No. 8558800190 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 23.07.2025 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. Justice Vivek Puri.
(JAGMOHAN BANSAL)
JUDGE 09.07.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No
MOHIT KUMAR 2025.07.10 09:26 I attest to the accuracy and integrity of this
order/judgment.