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High Court of Punjab and Haryana · body

2025 DAILYLAW 94009 (PNJ)

M/S SHIVA CONSTRUCTION v. STATE OF PUNJAB AND ANR

ARB/507/2025 · 2025-08-28

Jagmohan Bansal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

` ARB-507-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 106 ARB-507-2025 Date of Decision: 28.08.2025 M/s Shiva Constructions …Applicant Versus State of Punjab and another …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Meenal Garg, Advocate for the applicant Mr. Aman Dhir, Deputy Advocate General, Punjab *** JAGMOHAN BANSAL, J. (Oral) 1. Through instant application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ‘1996 Act’), the applicant is seeking appointment of an Arbitrator. 2. Pursuant to tender, the bid of the applicant was accepted by the respondent vide letter dated 16.04.2020. A dispute erupted between the parties. There is an arbitration clause in General Conditions of Contract. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail. 3. Notice of motion. 4. Mr. Aman Dhir, Deputy Advocate General, Punjab, who on advance notice is present in Court accepts notice on behalf of the respondents. MOHIT KUMAR 2025.08.28 17:51 I attest to the accuracy and authenticity of this order/judgment. ` ARB-507-2025 -2- 5. On the request of both sides, the present application is taken up for final adjudication. 6. Learned State counsel expressed his inability to controvert existence of arbitration clause in General Conditions of Contract and service of notice. 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. Justice M.S. Sullar, Former Judge of this Court, residing at House No.R1/B 510-511, DLF Hyde Park, New Chandigarh, District Mohali, Mobile No.9780008105 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 11.09.2025 at 10:00 AM 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. MOHIT KUMAR 2025.08.28 17:51 I attest to the accuracy and authenticity of this order/judgment. ` ARB-507-2025 -3- 13. A request letter along with copy of this order be sent to Mr. Justice M.S. Sullar. (JAGMOHAN BANSAL) JUDGE 28.08.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.08.28 17:51 I attest to the accuracy and authenticity of this order/judgment.