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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
M/S GURINDER SINGH CONTRACTOR – Appellant
Versus
THE STATE OF PUNJAB AND OTHERS – Respondent
JUDGMENT :
JASGURPREET SINGH PURI, J.
1. The present is a petition filed under Section 11 read with Section 12 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’), seeking appointment of an independent arbitrator in the present case.
2. Learned counsel for the petitioner submitted that a valid agreement was entered into between the parties with regard to the work of constructing Distribution System/Water Courses of Tail Distributory off- taking at RD 129.035 km along with command area of direct outlet/Water Course off-taking at RD 129.000 km of Kandi Canal Stage-II and the said agreement has been annexed with the present petition as Annexure A-1. He further submitted that in the aforesaid agreement, there exists a Dispute Resolution Mechanism under Clause 25(v), wherein it is provided that all disputes or differences in respect of which the decision is not final and conclusive shall, at the request of either party made in communication sent through registered A.D. post, be referred for arbitration to a sole Arbitrator. He submitted that prior to the matter being referred to a sole Arbitrator, a mechanism was provided under the agreement for making clai
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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