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2025 Supreme(Jhk) 1403
IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, C.J.
Colliers International (India) Property Services Pvt. Ltd. – Petitioner
Versus
Arrowline Real Estate Private Limited – Respondent
Arbitration Application No. 10 of 2025
Decided On : 01-08-2025
For the Petitioner:Mr. Vipul Poddar, Advocate Ms. Sugandha Jaiswal Poddar, Advocate
For the Respondent:Mr. Anshuman Sinha, Advocate Mr. Niranjan Kumar, Advocate Mr. Vinay prakash, Advocate
The court confirmed the necessity of appointing an arbitrator when an arbitration clause is admitted by both parties, as required under the Arbitration and Conciliation Act, 1996.
Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 11(6) - Appointment of Arbitrator - The application for appointment of an arbitrator was made under section 11(6) of the Act for a dispute arising from the arbitration clause in the agreement dated 22.03.2022. The court found that the arbitration clause was admitted by both parties and appointed a retired judge as the Sole Arbitrator. (Paras 2-3)
Facts of the case:
The applicant sought the appointment of an arbitrator as per the arbitration agreement clause 25.1 in the agreement dated 22.03.2022 between the parties.
Findings of Court:
The court appointed Hon’ble Mr. Justice Talwant Singh as the Sole Arbitrator, directing him to consider fees in line with the Act’s Schedule IV and expedite proceedings per Section 29-A.
Issues: The main issue was whether an arbitrator should be appointed under the arbitration clause agreed by the parties.
Ratio Decidendi: The presence of an admitted arbitration clause necessitated the appointment of an arbitrator, and the court emphasized adherence to statutory provisions for the arbitration process.
Result: Application allowed.
| Table of Content |
|---|
| 1. arbitration application under section 11(6) (Para 1 , 2) |
| 2. appointment and conduct of the sole arbitrator (Para 3 , 4 , 5 , 6) |
| 3. application granted and procedural directives (Para 7 , 8 , 9) |
1. Heard both sides.
2. This arbitration application has been filed under section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator and for reference of the dispute arising out of the clause 25.1 of the agreement dated 22.03.2022 between the parties for adjudication.
3. Since, there is an arbitration clause which is admitted by both parties, therefore, Hon’ble Mr. Justice. Talwant Singh, retired judge of Delhi High Court, New Residential Address:- X-19, Hauz Khas, Near Nift Campus, New Delhi; Old Residential Address:- W-21/5, Westen Avenue, Sainik Farm, New Delhi-110062; Office:- X-19, Ground Floor, Hauz Khas, New Delhi-110016, is hereby appointed as the Sole Arbitrator to adjudicate the dispute between the parties.
4. All contentions available to the parties are left open.
5. Learned Arbitrator would be free to lay down the fees and other expenses towards conduct of the arbitration proceedings, however, while doing so he shall take into account the ceiling prescribed under Schedule IV of the Act of 1996 as amended.
6. Learned Arbitrator would endeavor to conclude the proceedings expeditiously by taking into regard the mandate of the Legislature under Section 29 -A of the Act of 1996.
7. Accordingly, this application is allowed.
8. The Registry is directed to intimate the arbitrator so appointed with a request to take up the arbitration proceeding and shall also provide photocopy of the entire pleadings along with copy of the entire order sheet to the learned Arbitrator.
9. Urgent Certified Copies as per Rules.
