KOTAK MAHINDRA PRIME LTD v. HARNINDER PAL AND ANR.
ARB/514/2024 · 2025-04-08
Jagmohan Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98975 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98975 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
280
ARB-514-2024 (O&M)
Date of decision: 08.04.2025
KOTAK MAHINDRA PRIME LTD.
….APPLICANT
Vs.
HARNINDER PAL AND ANR.
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Abhishek Garg, Advocate and
Mr. Surinder Jaipal, Advocate
for the applicant.
Ms. Nikita Gill, Advocate
for the respondents.
****
JAGMOHAN BANSAL, J (ORAL)
1.
Through instant application under Section 11(5) of the Arbitration and Conciliation Act, 1996 (for short ‘1996 Act’), the applicant is seeking appointment of an Arbitrator.
2.
The parties entered into arbitration agreement dated 17.02.2023. A dispute erupted between the parties. The applicant served notice upon respondent seeking resolution of dispute through arbitral tribunal but to no avail.
3.
Ms. Nikita Gill, Advocate, counsel for the respondents expressed her inability to controvert execution of arbitration agreement and service of notice.
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.
MANOJ KUMAR 2025.04.09 09:55 I attest to the accuracy and integrity of this document
ARB-514-2024 (O&M)
-2-
5.
Ms. Kanica Sachdeva, Advocate, residing at House No.7216, New Sunny Enclave, Sector 125 Kharar, Mobile No. 7589212222 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 instant will appear before the Arbitrator on 22.04.2025 at 10.00 A.M. 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 Ms. Kanica Sachdeva.
11.
Pending miscellaneous application(s), if any, shall also stand
disposed of.
08.04.2025
[JAGMOHAN BANSAL] manoj
JUDGE
Whether speaking/reasoned Yes/No
Whether reportable
Yes/No
MANOJ KUMAR 2025.04.09 09:55 I attest to the accuracy and integrity of this document