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2025 DAILYLAW 89913 (PNJ)

M/S TDI INFRASTRUCTURE LTD AND ANR v. PERMANENET LOK ADALAT AND ANOTHER

CWP/22029/2023 · 2025-04-30

Kuldeep Tiwari

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-22093-2023 Date of Decision : 30.04.2025 M/s TDI INFRASTRUCTURE PVT. LTD. AND ANOTHER .....Petitioners VERSUS PERMANENT LOK ADALAT (PUBLIC UTILITY SERVICES), SONEPAT THROUGH ITS CHAIRMAN AND ANOTHER .....Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Munish Gupta, Advocate for the petitioners. Mr. Ashish Gupta, Advocate and Mr. Doni Chand, Advocate for respondent No.2. **** KULDEEP TIWARI, J.(Oral) 1. The petitioner, who is a developer fetching a grievance from an order dated 27.07.2023 (Annexure P-5) vide which application filed by it under Section 8 of the Arbitration & Conciliation At, 1996 for referring the matter to arbitration in terms of Clause 55 of Buyer’s Agreement dated 06.07.2012 (Annexure P-2) was dismissed by Permanent Lok Adalat, Sonepat. 2. Though the validity of that order has been assailed, however, learned counsel for respondent No.2, submits that in case the petitioners wants to get adjudicated the dispute raised before Permanent DINESH KUMAR 2025.05.05 10:08 I am the author of this document at the bottom of left side CWP-22093-2023 -2- Lok Adalat concerned, through an arbitration proceedings, yet he does not have any objection. Further learned counsel for the petitioner also extend his consensus that in case the respondent filed an application before any Court/Forum, he would not raise any objection for appointment of Arbitrator in view of the terms of Clause 55 of the Buyer’s Agreement dated 0607.2012. 3. In view of the consensus made between the parties concerned, the instant petition is disposed of reserving liberty to either of the parties, to file application before the Court/Forum for appointment of an Arbitrator and in case, the application is allowed by the Court/Forum, obligation is upon the respondent to withdraw the petition, preferred before the Permanent Lok Adalat, concerned. 4. All pending application(s), if any, stand disposed of accordingly. (KULDEEP TIWARI) April 30, 2025 JUDGE dinesh Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No DINESH KUMAR 2025.05.05 10:08 I am the author of this document at the bottom of left side