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2025 DAILYLAW 92538 (PNJ)

M/S AMTRIX INFOTECH v. RISHABH

ARB/485/2024 · 2025-03-25

Jagmohan Bansal

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 279 ARB-485-2024 Date of decision: 25.03.2025 M/S AMTRIX INFOTECH ….APPLICANT Vs. RISHABH ...RESPONDENT CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Ms. Bhumika Sachan, Advocate for Mr. I.S. Khosa, Advocate for the applicant. Mr. Prabhpreet Singh, 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. Mr. Prabhpreet Singh, Advocate has put in appearance on behalf of respondent and filed Power of Attorney which is taken on record. Registry is directed to tag the same at an appropriate place. 3. The parties entered into arbitration agreement dated 23.01.2023. A dispute erupted between the parties. The applicant served notice upon respondent seeking resolution of dispute through arbitral tribunal but to no avail. 4. Mr. Prabhpreet Singh, Advocate, counsel for the respondent expressed his inability to controvert execution of arbitration agreement and service of notice. 5. Mr. Prabhpreet Singh, Advocate submits that applicant has invoked arbitration clause just to harass him. The applicant has already deducted his salary, still filed instant application. MANOJ KUMAR 2025.03.26 10:25 I attest to the accuracy and integrity of this document ARB-485-2024 -2- 6. The issued raised by respondents needs to be adjudicated by Arbitral Tribunal. 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. Ms. Gurvinder Kaur, Additional District & Sessions Judge (Retd.), residing at House No. 2806, Sector -61, SAS Nagar, Mohali- 160059, Mobile No. 8397920888 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. Parties are directed to appear before the learned Arbitrator on date, time and place to be fixed by the Arbitrator at her convenience. 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 Ms. Gurvinder Kaur. 25.03.2025 [JAGMOHAN BANSAL] manoj JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MANOJ KUMAR 2025.03.26 10:25 I attest to the accuracy and integrity of this document