IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:12.03.2026 M/S Rattan Constructions through Sh. Praveen Kumar Rattan .......Petitioner Versus PGIMER through the Director and another .......Respondents CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Satvinder Singh, Advocate for the petitioner.

Mr. Avinit Avasthi, Advocate for the respondents.

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JASGURPREET SINGH PURI J.(Oral)

1. The present is a petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’), seeking appointment of sole arbitrator in the present case.

2. Written statement filed on behalf of respondents is taken on record.

3. Learned counsel for the petitioner submitted that there exists an agreement between the parties vide Annexure P-1, which contains an arbitration clause at Clause No.25 providing for appointment of a sole arbitrator. He submitted that as per the said clause, the sole arbitrator is to be appointed by the Chief Engineer, CPWD which is otherwise impermissible in law because of conflict of interest in view of Section 12(5)

of the Act. Reliance has been placed upon the judgment of Hon’ble Supreme Court in Perk