M/S HARCHARANDASS GUPTA THROUGH ITS PARTNER v. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED THROUGH ITS DIRECTOR
ARB/435/2025 · 2025-07-31
Jagmohan Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84880 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84880 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
`
ARB-435-2025 (O&M)
-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
105
ARB-435-2025 (O&M) Date of Decision: 31.07.2025 M/s Harcharandass Gupta
…Applicant Versus Haryana State Industrial and Infrastructure Development Corporation
…Respondent
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Ajiteshwar Singh, Advocate for the applicant
Ms. Rajni Gupta, 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.
Pursuant to tender, the applicant was allotted work by the respondent vide letter dated 03.06.2022 (Annexure P-2). Thereafter, an agreement dated 22.08.2022 (Annexure P-3) was executed between the parties. 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.
MOHIT KUMAR 2025.07.31 17:14 I attest to the accuracy and integrity of this
order/judgment.
`
ARB-435-2025 (O&M)
-2-
4.
Ms. Rajni Gupta, Additional Advocate General, Haryana, who on advance notice is present in Court, accepts notice on behalf of the respondent.
5.
On the request of both sides, the present application is taken up for final adjudication.
6.
Learned State counsel submits that respondent has already made due payment to the applicant. The applicant is trying to drag the respondent into unnecessary litigation.
7.
From the reply dated 09.05.2025 (Annexure P-10) and
arguments of respondent, it is evident that there is dispute between the parties which needs to be settled through Arbitral Tribunal.
8.
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.
9.
Dr. B.S. Singla, Former Chief General Manager, Technical, NHAI, residing at House No. 1505, DLF Phase-IV, Near Galleria Market, Gurgaon- 122002, Mobile No.9650185888 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.
10.
The parties at the first instance will appear before the Arbitrator on 18.08.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator.
MOHIT KUMAR 2025.07.31 17:14 I attest to the accuracy and integrity of this
order/judgment.
`
ARB-435-2025 (O&M)
-3-
11.
The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended.
12.
The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act.
13.
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.
14.
A request letter along with copy of this order be sent to Dr. B.S. Singla.
15.
Pending application(s), if any, shall stand disposed of.
(JAGMOHAN BANSAL)
JUDGE 31.07.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No
MOHIT KUMAR 2025.07.31 17:14 I attest to the accuracy and integrity of this
order/judgment.