IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

257 ARB-405-2023 Date of Decision: 29.01.2025 Nexg Platforms Private Limited …Applicant Versus Talgo Telecommunications Opc Private Limited …Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Priyanshu Kamra, Advocate for the applicant Mr. Raghav Taneja, Advocate for the respondent ***

JAGMOHAN BANSAL, J. (Oral)

1. Through instant application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ‘1996 Act’), the applicant is seeking appointment of an Arbitrator.

2. The parties entered into Master Services Agreement dated 03.05.2022 (Annexure P-1). A dispute erupted between the parties. There is an arbitration clause in the aforesaid agreement. The execution of agreement, arbitration clause therein and service of notice under Section 21 of 1996 Act is not disputed.

3. Mr. Raghav Taneja, Advocate appeared and filed his Memorandum of Appearance on behalf of the respondent. He submits that he has instructions to address the arguments. Memorandum of Appearance is taken on record. Registry is directed to tag the same at an appropriate place.

4. Learned counsel for the respondent expressed his inability to controvert execution of arbitration agreement. He leaves it to this Court to make appointment of an independent Arbitrator.

5. Conditions to invoke power conferred by Section 11(6) of 1996 Act stand satisfied, thus, I hereby appoint a sole Arbitrator to adjudicate the dispute between the parties.

6. Mr. Kuldip Kumar Kareer, Retired District & Sessions Judge, residing at House No.262, Sector 7, Chandigarh, Mobile No.9780055722 is hereby appointed as a Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory requirements. The learned Arbitrator is requested to comply with mandate of Section 12 of 1996 Act before proceeding further.

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

8. The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended.

9. The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act.

10. Needless to mention, parties would be at liberty to raise all the claims/defences/counter claims/pleas before the Arbitrator. Any observation made hereinabove will not be binding on the learned Arbitrator.

11. A request letter along with copy of this order be sent to Mr. Kuldip Kumar Kareer. (JAGMOHAN BANSAL)

JUDGE

29.01.2025

Mohit Kumar