342 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ARB-46-2026(O&M)

Date of Decision: 05.03.2026 CSA INFRATECH PRIVATE LIMITED ....Petitioner(s)

Versus ROCK AND STORM HOSPITALITY .....Respondent(s)

CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr.J.S. Pannu, Advocate, for the petitioner.

Mr. Vipul Joshi, Advocate, for the respondents.

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JASGURPREET SINGH PURI , J. (Oral)

1. The present petition has been filed under Section 11(6A) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) praying for appointment of an independent Sole 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 is a franchise agreement (Annexure P-3) between the parties wherein there exists an arbitration clause i.e. Clause 30.4, which provides that any dispute arising out of the agreement between the parties shall be referred to a sole arbitrator and shall be governed under the provisions of the Arbitration and Conciliation Act, 1996. He submitted that since a dispute arose between the parties, the petitioner has invoked the aforesaid arbitration clause by issuance of a notice dated 18.02.2025 vide Annexure P-7 by proposing the name of an Arbitrator but the same was not accepted by the respondent and therefore, the present application has been filed under Section 11 of the Act seeking appointment of a Sole Arbitrator.

3. On the other hand, Mr. Vipul Joshi, learned counsel appearing on behalf of the respondent submitted that he had appeared on the last date of hearing and had prayed for some time to file his power of attorney but the same is still in transit and today, he has filed his memo of appearance signed by him. The same is taken on record. He submitted that the power of attorney shall be filed in the Registry of the Court today itself. He submitted that there is no dispute with regard to existence of the aforesaid agreement and the arbitration clause contained therein and the invocation thereof by sending of a notice by the petitioner vide Annexure P-7. He further submitted that he has instructions to state that he has got no objections in case any independent Sole Arbitrator is appointed by this Court.

4. In view of the above, the present petition is allowed. Mr. Rajesh Garg, Additional District &Sessions Judge (Retd.), resident of HouseNo. 626, Sector 16-A, Faridabad-121002, Mobile No. 8558873008, 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 Mr. Rajesh Garg, Additional District &Sessions Judge (Retd.).

05.03.2026 (JASGURPREET SINGH PURI)

rakesh JUDGE