IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 18.03.2025 R.A. GUPTA (GOVT. CONTRACTORS, BUILDERS & SUPPLIERS)

….APPLICANT Vs.

HARYANA STATE WAREHOUSING CORPORATION AND ANR.

...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. Varun veer Chauhan, Advocate for the applicant.

Mr. Prateek Mahajan, Advocate and Mr. Mayank Vashisth, Advocate for the respondents.

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JAGMOHAN BANSAL, J (ORAL)

1. Through instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘1996 Act’), the applicant is seeking appointment of an Arbitrator.

2. The parties entered into arbitration agreement dated 17.09.2012. A dispute erupted between the parties. The applicant served notice upon respondent seeking resolution of dispute through arbitral tribunal but to no avail. 3. The execution of arbitration agreement and service of notice invoking arbitration clause is not disputed.

4. Mr. Prateek Mahajan, Advocate submits that as per arbitration agreement, only Managing Director is competent to make appointment of an arbitrator. As per recent judgment of Supreme Court in ‘Central Organisation for Railway Electrification v. ECI SPIC SMO MCML (JV)