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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MS OKHAE ELECTRONICS PRIVATE LIMITED – Appellant
Versus
MS GEUMO CONSTRUCTIONS PVT LTD AND OTHER – Respondent
JUDGMENT :
JASGURPREET SINGH PURI, J.
1. The present application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) praying for appointment of an independent Arbitrator to adjudicate upon the disputes which have arisen between the parties.
2. Learned counsel for the applicant submitted that there was a work order issued by the applicant to respondent No.1 vide Annexure P-1 dated 02.09.2024 which contains detailed terms and conditions and is therefore, in the nature of a Contract. He further submitted that the aforesaid work order (Annexure P-1) provides a mechanism for resolution of disputes between the parties, including a valid arbitration clause and the applicability of the Arbitration and Conciliation Act, 1996. He further submitted that since a dispute arose between the parties, the applicant invoked the aforesaid arbitration clause by issuing notice under Section 21 of the Act to the respondent vide Annexure P-2 dated 22.04.2025 wherein even the name of an Arbitrator was proposed by the applicant. The respondents had replied to the said notice vide Annexure P-3 wherein they did not agree to the appointment of t
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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