IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

270 ARB-140-2025 Date of Decision: 08.07.2025 Nexg Platform Private Limited …Applicant Versus M/s Mastermind Services …Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Govind Chauhan, Advocate for the applicant ***

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. On 20.05.2025, this Court passed the following order: -

“As per report of Process Server on dasti summons, the respondent has refused to accept the notice.

It appears that respondent is not willing to join the proceedings, thus, it is proceeded against ex parte.

Adjourned to 08.07.2025.”

3. Even today, there is no change in the situation. It appears that the respondent has opted to abstain from joining the proceedings before this Court. The matter is pending before this Court since last few months and it cannot be kept pending for an indefinite period especially when the prayer in the application is confined to appointment of an Arbitrator who ultimately would adjudicate rights and liabilities of the parties. Thus, this Court is left with no other option except to adjudicate the case on the basis of available record.

4. The parties entered into arbitration agreement dated 23.05.2025 (Annexure P-1). A dispute erupted between the parties. The applicant served notice upon the respondents seeking resolution of dispute through Arbitral Tribunal but to no avail.

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. Om Prakash Saini, Retired District & Sessions Judge-cum- Special Judge (CBI), residing at House No. 498, Sector 23, Gurugram- 122017, Mobile No. 9717196857 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. The parties at the first instance will appear before the Arbitrator on 23.07.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator. 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. Om Prakash Saini.

(JAGMOHAN BANSAL)

JUDGE

08.07.2025

Mohit Kumar