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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CIVIC VENTURES PVT LTD – Appellant
Versus
SUNIL KUMAR RISHI AND ANOTHER – Respondent
JUDGMENT :
JASGURPREET SINGH PURI, J.
1. The present application has been filed under Section 11 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. Mr. Parmanand Yadav, learned counsel for the applicant has caused appearance through video conferencing with Mr. Ambanshu Sahni, Advocate, who is present in Court, submitted that there was an agreement (Annexure P-2) executed between the applicant and the respondents which was in the nature of a collaboration agreement. In the aforesaid agreement, there exists a valid arbitration clause i.e. Clause 20 which provided that in case any dispute arises between the parties relating to this agreement, then the same will be firstly settled mutually by the parties and in case the same is not settled with mutual consent of the parties, in that event the matter will be referred to arbitration as per the provisions of the Act. He further submitted that when a dispute arose between the parties and the same was not settled mutually, the applicant invoked the aforesaid arbitr
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.
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