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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASGURPREET SINGH PURI
Karan Engineers – Appellant
Versus
Union of India – Respondent
JUDGMENT :
JASGURPREET SINGH PURI, J.
CM-3207-CII-2026
For the reasons mentioned in the application, the same is allowed and written statement filed on behalf of the respondents is taken on record, subject to all just exceptions.
CM-3208-CII-2026
For the reasons mentioned in the application, the same is allowed and the documents as Annexures R-1 to R-13 are taken on record, subject to all just exceptions.
Main Case:
1. The present application has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) praying for appointment of an independent Sole Arbitrator to adjudicate upon the disputes and differences which have arisen between the parties.
2. Learned counsel for the applicant submitted that there was a Contract executed between the applicant and the respondents vide Annexure P-1, which contains a valid arbitration clause and the same is reflected at Page No.36 of the paperbook. The aforesaid clause stipulates that it was agreed between the parties that the general conditions of contract including condition No.70 pertaining to the settlement of disputes by Arbitration, form part of this agreement. He referred to the aforesaid
The referral court under Section 11 of the Arbitration and Conciliation Act must determine the prima facie existence of an arbitration agreement and appoint an arbitrator if satisfied.
The court held that its review under Section 11(6) is limited to confirming the existence of an arbitration agreement, without delving into substantive disputes, which is for the Arbitrator to decide....
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