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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

ARB-741-2025(O&M)

Date of Decision: 22.12.2025

M/S SANDHU CONSTRUCTION COMPANY PROPRIETORSHIP

THROUGH ITS PROPRIETOR VISHAL SANDHU

....Petitioner(s)

Versus

STATE OF HARYANA AND OTHERS

.....Respondent(s)

CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI

Present: Mr. Prashant Lather, Advocate,

for the petitioner.

Mr. Udit Garg, Additional Advocate General, Haryana.

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JASGURPREET SINGH PURI , J. (Oral)

1. The present petition 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 Arbitrator to adjudicate the disputes and differences which have arisen between the parties pertaining to

an agreement entered into between the parties.

2. Learned counsel appearing on behalf of the petitioner submitted that there was an agreement (Annexure P-1) between the parties wherein there exists a valid arbitration clause i.e. Clause 25.3 (A) for appointment of a sole Arbitrator in case any dispute arises between the parties. He submitted that as per the aforesaid clause, a sole Arbitrator shall be appointed by the

Engineer-in-Chief, Haryana PWD B&R, however, the same now cannot be appointed in view of the provisions of Section 12(5) of the Act, being an interested party and also in view of the judgment of Hon'ble Supreme Court in Perkins Eastman Architects DPC and another versus HSSC (India) Limited, (2020) 20 SCC 760. He submitted that a dispute arose between the parties with regard to the aforesaid agreement and thereafter, a legal notice was issued to the respondent vide Annexure P-19 dated 24.06.2025 invoking the aforesaid clause but the same was not responded to by the respondent and therefore, the present application has been filed seeking appointment of a Sole Arbitrator.

3. Mr. Udit Garg,learned Additional Advocate General, Haryana submitted that he has instructions to state that the respondent has no objection in case a Sole Arbitrator is appointed by this Court for adjudication of the dispute.

4. In view of the aforesaid facts and circumstances, the present petition is allowed. Hon’ble Mr. Justice Rajbir Sehrawat, Former Judge of this Court, resident of # 304, Advocates Society, Sector 49-A, Chandigarh, Mobile No. 7347025005, Email ID: sehrawat.judge@gmail.com, is nominated as the Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory provisions including Section 12 of the Act.

5. Parties are directed to appear before the learned Arbitrator on date, time and place to be fixed and communicated by the learned Arbitrator at his convenience.

6. Fee shall be paid to the learned Arbitrator in accordance with the Fourth Schedule of the Arbitration Act, as amended.

7. Learned Arbitrator is also requested to complete the proceedings as per the time limit prescribed under Section 29-A of the Act.

8. A request letter alongwith a copy of the order be sent to Hon’ble Mr. Justice Rajbir Sehrawat, Former Judge of this Court.

22.12.2025 (JASGURPREET SINGH PURI)

rakesh JUDGE