ARB-138-2026 (O&M) 128+226 IN THE HIGH COURT OF PUNJAB AND HARYANA M/s Numerous Builders Private Ltd. M/s Jagdamba Enterprises CORAM : HON'BLE MR. JUSTICE Present: Mr. Abhinav Aggarwal, Advocate for the petitioner. Respondent was proceeded ex parte v.o.d 06.04.2026 JASGURPREET SINGH PURI J. CM-9784-CII-2026 Allowed as prayed for subject to all just exceptions and documents are taken on record. ARB-138-2026 1. The present Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) seeking appointment of an independent differences which have arisen between the par 2. Learned counsel for the petitioner submitted that there is an agreement dated 02.07.2023 between the parties and certified copy thereof has now been placed on record vide Annexure P order. He submits that there agreement, which provides that the disputes and differences of all kinds arising out or in connection with the Contract shall be referred to the Arbitrator with mutual 2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- ARB Date of Decision :15.05.2026 M/s Numerous Builders Private Ltd. VERSUS M/s Jagdamba Enterprises CORAM : HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Mr. Abhinav Aggarwal, Advocate for the petitioner. Respondent was proceeded ex parte v.o.d 06.04.2026 -.- JASGURPREET SINGH PURI J. (Oral) 2026 Allowed as prayed for subject to all just exceptions and documents are taken on record. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) seeking appointment of an independent sole Arbitrator to adjudicate differences which have arisen between the parties. Learned counsel for the petitioner submitted that there is an agreement dated 02.07.2023 between the parties and certified copy thereof has now been placed on record vide Annexure P-10 . He submits that there is a dispute regarding Clause 11 of the aforesaid agreement, which provides that the disputes and differences of all kinds arising out or in connection with the Contract shall be referred to the Arbitrator with mutual -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ARB-138-2026 (O&M) Date of Decision :15.05.2026 ....Petitioner ....Respondent JASGURPREET SINGH PURI Mr. Abhinav Aggarwal, Advocate for the petitioner. Respondent was proceeded ex parte v.o.d 06.04.2026 Allowed as prayed for subject to all just exceptions and documents are has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) seeking Arbitrator to adjudicate upon the disputes and ties. Learned counsel for the petitioner submitted that there is an agreement dated 02.07.2023 between the parties and certified copy thereof has 10, which is in the nature of work is a dispute regarding Clause 11 of the aforesaid agreement, which provides that the disputes and differences of all kinds arising out or in connection with the Contract shall be referred to the Arbitrator with mutual Allowed as prayed for subject to all just exceptions and documents are has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) seeking the disputes and Learned counsel for the petitioner submitted that there is an agreement dated 02.07.2023 between the parties and certified copy thereof has , which is in the nature of work is a dispute regarding Clause 11 of the aforesaid agreement, which provides that the disputes and differences of all kinds arising out or in connection with the Contract shall be referred to the Arbitrator with mutual TRIPTI SAINI 2026.05.25 16:31 I attest to the accuracy and integrity of this document ARB-138-2026 (O&M) consent of both the parties. He furth office in Gurugram whereas the respondent is having its office in Palwal and the agreement was executed at Gurgram but the place of work was at Vrindavan. He submitted that cause of action place at Gurugram. He further submitted that in terms of the clause 24 order, which pertains to respondent left the work in the mid, the amount of Performance G forfeited by the petitioner. Thereafter, no financial transaction either at Palwal or in Vrindavan. He further submits that he issued a notice dated 08.04.2025, to the respondent seeking invocation of the Arbitration clau Annexure P-3 but no response was received from the respondent and therefore, present petition has been filed seeking appointment of an independent Arbitrator. 4. Learned counsel further submits that earlier also the petitioner had filed a petition bearing No.ARB 09.12.2025 and it was observed that this does not constitute an impediment for the applicant to file a fresh application in accordance with law before a Court of competent jurisdiction und of the Act are satisfied. The reason for dismissal of the earlier petition was that agreement which was annexed with that petition was stated to be not signed by any of the parties. Now in the pre been filed as Annexure P signed by both the parties and therefore it constitute the valid arbitration agreement. 5. Since the respondent was not appe ex-parte vide order dated 06.04.2026, which reads as under: 2026 (O&M) consent of both the parties. He further submit office in Gurugram whereas the respondent is having its office in Palwal and the agreement was executed at Gurgram but the place of work was at Vrindavan. He cause of action arose at Gurugram be place at Gurugram. He further submitted that in terms of the clause 24 , which pertains to performance guarantee respondent left the work in the mid, the amount of Performance G forfeited by the petitioner. Thereafter, no financial transaction either at Palwal or in Vrindavan. He further submits that he issued a notice dated 08.04.2025, to the respondent seeking invocation of the Arbitration clau 3 but no response was received from the respondent and therefore, present petition has been filed seeking appointment of an independent Learned counsel further submits that earlier also the petitioner had ition bearing No.ARB-323-2025, which was dismissed vide order dated and it was observed that this does not constitute an impediment for the applicant to file a fresh application in accordance with law before a Court of competent jurisdiction under Section 11 of the Act, if the condition under Section 7 of the Act are satisfied. The reason for dismissal of the earlier petition was that agreement which was annexed with that petition was stated to be not signed by any of the parties. Now in the present petition notarise been filed as Annexure P-10 from where it is clear that all the pages have been signed by both the parties and therefore it constitute the valid arbitration Since the respondent was not appe parte vide order dated 06.04.2026, which reads as under: -2- er submitted that the petitioner is having its office in Gurugram whereas the respondent is having its office in Palwal and the agreement was executed at Gurgram but the place of work was at Vrindavan. He at Gurugram because the transactions took place at Gurugram. He further submitted that in terms of the clause 24 of the work performance guarantee, it was admitted that in case the respondent left the work in the mid, the amount of Performance Guarnantee will be forfeited by the petitioner. Thereafter, no financial transaction shall take place either at Palwal or in Vrindavan. He further submits that he issued a notice dated 08.04.2025, to the respondent seeking invocation of the Arbitration clause vide 3 but no response was received from the respondent and therefore, present petition has been filed seeking appointment of an independent sole Learned counsel further submits that earlier also the petitioner had 2025, which was dismissed vide order dated and it was observed that this does not constitute an impediment for the applicant to file a fresh application in accordance with law before a Court of er Section 11 of the Act, if the condition under Section 7 of the Act are satisfied. The reason for dismissal of the earlier petition was that agreement which was annexed with that petition was stated to be not signed by any sent petition notarised copy of the agreement has 10 from where it is clear that all the pages have been signed by both the parties and therefore it constitute the valid arbitration Since the respondent was not appearing, therefore, it was proceeded parte vide order dated 06.04.2026, which reads as under:- that the petitioner is having its office in Gurugram whereas the respondent is having its office in Palwal and the agreement was executed at Gurgram but the place of work was at Vrindavan. He cause the transactions took of the work , it was admitted that in case the uarnantee will be place either at Palwal or in Vrindavan. He further submits that he issued a notice dated se vide 3 but no response was received from the respondent and therefore, sole Learned counsel further submits that earlier also the petitioner had 2025, which was dismissed vide order dated and it was observed that this does not constitute an impediment for the applicant to file a fresh application in accordance with law before a Court of er Section 11 of the Act, if the condition under Section 7 of the Act are satisfied. The reason for dismissal of the earlier petition was that agreement which was annexed with that petition was stated to be not signed by any copy of the agreement has 10 from where it is clear that all the pages have been signed by both the parties and therefore it constitute the valid arbitration aring, therefore, it was proceeded TRIPTI SAINI 2026.05.25 16:31 I attest to the accuracy and integrity of this document ARB-138-2026 (O&M) “ respondent has not been received back, whereas the ordinary notice issued me respondent has son of the respondent refused to receive the summons. It has further been reported that summons were sent on the WhatsApp number of the respondent and Ice was also effected by way of affixation. behalf of the respondent. 6. Today, also no one has put in appearance on behalf of the respondent. 7. A perusal of the agreement which has now been annexed as Annexure P-10 by way of filing of CM the agreement and both agreement. The relevant arbitration clause i.e. Clause under:- “11. SETTLEMENT OF DISPUTE connection with the Contract or the carrying out of the works (whether during the progress of the works or after the determination, abandonment or breach of the Contract) shall be referred to t arbitrator appointed with the mutual consent of both the parties, for settlement. The decision of the arbitrator shall be final & binding.” 2026 (O&M) As per the report of the Registry, the dasti notice issued to the respondent has not been received back, whereas the ordinary notice issued me respondent has been received back with the report that the son of the respondent refused to receive the summons. It has further been reported that summons were sent on the WhatsApp number of the respondent and Ice was also effected by way of affixation. The report of the registry is reproduced as under: "Ordinary notice issued to the respondent received back with report that son of the respondent refused to receive summon and summon sent on whatsapp No.of the respondent and affixation also made. Dasti notice issued to the respondent not received back so far. Submitted for 06.04.2026." Today the matter was called twice but nobody has appeared on behalf of the respondent. Consequently, respondent is hereby proceeded exparte. Adjourned to 22.04.2026 for final arguments Today, also no one has put in appearance on behalf of the respondent. A perusal of the agreement which has now been annexed as Annexure 10 by way of filing of CM-9784-CII-2026, shows that it is the notarise copy of the agreement and both the parties have signed each and every page of the agreement. The relevant arbitration clause i.e. Clause 11. SETTLEMENT OF DISPUTE All disputes and differences of all kinds arising out of or in connection with the Contract or the carrying out of the works (whether during the progress of the works or after the determination, abandonment or breach of the Contract) shall be referred to t arbitrator appointed with the mutual consent of both the parties, for settlement. The decision of the arbitrator shall be final & binding.” -3- As per the report of the Registry, the dasti notice issued to the respondent has not been received back, whereas the ordinary notice been received back with the report that the son of the respondent refused to receive the summons. It has further been reported that summons were sent on the WhatsApp number of the respondent and Ice was also effected by way of affixation. e registry is reproduced as under:- "Ordinary notice issued to the respondent received back with report that son of the respondent refused to receive summon and summon sent on whatsapp No.of the respondent and affixation also made. the respondent not received back so far. Today the matter was called twice but nobody has appeared on Consequently, respondent is hereby proceeded exparte. Adjourned to 22.04.2026 for final arguments.” Today, also no one has put in appearance on behalf of the respondent. A perusal of the agreement which has now been annexed as Annexure 2026, shows that it is the notarise copy of the parties have signed each and every page of the agreement. The relevant arbitration clause i.e. Clause -11 of the agreement reads as 11. SETTLEMENT OF DISPUTE-ARBITRATION All disputes and differences of all kinds arising out of or in connection with the Contract or the carrying out of the works (whether during the progress of the works or after the determination, abandonment or breach of the Contract) shall be referred to t arbitrator appointed with the mutual consent of both the parties, for settlement. The decision of the arbitrator shall be final & binding.” As per the report of the Registry, the dasti notice issued to the respondent has not been received back, whereas the ordinary notice been received back with the report that the son of the respondent refused to receive the summons. It has further been reported that summons were sent on the WhatsApp number of the "Ordinary notice issued to the respondent received back with report that son of the respondent refused to receive summon and summon sent on whatsapp No.of the the respondent not received back so far. Today the matter was called twice but nobody has appeared on Today, also no one has put in appearance on behalf of the respondent. A perusal of the agreement which has now been annexed as Annexure 2026, shows that it is the notarise copy of the parties have signed each and every page of the 11 of the agreement reads as All disputes and differences of all kinds arising out of or in connection with the Contract or the carrying out of the works (whether during the progress of the works or after the determination, abandonment or breach of the Contract) shall be referred to the arbitrator appointed with the mutual consent of both the parties, for settlement. The decision of the arbitrator shall be final & binding.” TRIPTI SAINI 2026.05.25 16:31 I attest to the accuracy and integrity of this document ARB-138-2026 (O&M) 8. A perusal of the aforesaid clause shows that in case the dispute arise between the parties, the same shall dated 08.04.2025 (Annexure P Advocate under Section 21 of the Arbitration Act. This Court is, therefore, of the considered view that, since both the conditions Arbitrator remain satisfied, the present petition is allowed. Kumar Dhawan, Former Judge of this Court Chandigarh mobile No adjudicate the dispute between the parties, subject to compliance of statutory provisions including Section 12 of the Act. 9. Liberty is granted to the respondent to take all the legally permissible pleas available to it in accordance with l appropriate stage. 10. Parties are directed to appear before the learned Arbitrator on date, time and place to be fixed and communicated by the learned Arbitrator at his convenience. 11. Fee shall be paid to the lea Fourth Schedule of the Arbitration Act, as amended. 12. Learned Arbitrator is also requested to complete the proceedings as per the time limit prescribed under Section 29 13. A request letter alongwith Shekher Kumar Dhawa 14. Pending application(s), if any, is/are disposed of. May 15, 2026 tripti Whether speaking/non Whether reportable 2026 (O&M) A perusal of the aforesaid clause shows that in case the dispute arise between the parties, the same shall be referred to the Arbitrator. A legal notice dated 08.04.2025 (Annexure P-3) has been issued by the petitioner through its Advocate under Section 21 of the Arbitration Act. This Court is, therefore, of the considered view that, since both the conditions Arbitrator remain satisfied, the present petition is allowed. n, Former Judge of this Court resident of mobile No.8558809941 is nominated as the Sole adjudicate the dispute between the parties, subject to compliance of statutory provisions including Section 12 of the Act. Liberty is granted to the respondent to take all the legally permissible pleas available to it in accordance with law before the learned Arbitrator at an appropriate stage. Parties are directed to appear before the learned Arbitrator on date, time and place to be fixed and communicated by the learned Arbitrator at his Fee shall be paid to the learned Arbitrator in accordance with the Fourth Schedule of the Arbitration Act, as amended. Learned Arbitrator is also requested to complete the proceedings as per the time limit prescribed under Section 29-A of the Act. A request letter alongwith a copy of the order be sent to Shekher Kumar Dhawan, Former Judge of this Court. Pending application(s), if any, is/are disposed of. (JASGURPREET SINGH PURI) speaking/non-speaking : Speaking Whether reportable : Yes/No -4- A perusal of the aforesaid clause shows that in case the dispute arise be referred to the Arbitrator. A legal notice 3) has been issued by the petitioner through its Advocate under Section 21 of the Arbitration Act. This Court is, therefore, of the considered view that, since both the conditions necessary for the appointment of Arbitrator remain satisfied, the present petition is allowed. Mr. Justice Shekher resident of House No.2109, Sector 21, is nominated as the Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory Liberty is granted to the respondent to take all the legally permissible aw before the learned Arbitrator at an Parties are directed to appear before the learned Arbitrator on date, time and place to be fixed and communicated by the learned Arbitrator at his rned Arbitrator in accordance with the Fourth Schedule of the Arbitration Act, as amended. Learned Arbitrator is also requested to complete the proceedings as A of the Act. a copy of the order be sent to Mr. Justice n, Former Judge of this Court. Pending application(s), if any, is/are disposed of. (JASGURPREET SINGH PURI) JUDGE A perusal of the aforesaid clause shows that in case the dispute arises be referred to the Arbitrator. A legal notice 3) has been issued by the petitioner through its Advocate under Section 21 of the Arbitration Act. This Court is, therefore, of the necessary for the appointment of Shekher No.2109, Sector 21, Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory Liberty is granted to the respondent to take all the legally permissible aw before the learned Arbitrator at an Parties are directed to appear before the learned Arbitrator on date, time and place to be fixed and communicated by the learned Arbitrator at his rned Arbitrator in accordance with the Learned Arbitrator is also requested to complete the proceedings as Justice TRIPTI SAINI 2026.05.25 16:31 I attest to the accuracy and integrity of this document