225 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ARB-400-2025 (O&M)

Date of decision: 22.12.2025 MS. LOVELEEN DHALIWAL ...Applicant(s)

VERSUS AMIT SINGLA ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Ms. Sanchi Bindra, Advocate for the applicant.

Mr. Samarth Sagar, Advocate for the respondent.

****

JASGURPREET SINGH PURI, J. (Oral)

CM-24080-CII-2025 Prayer in this application is for placing on record the reply, along with the annexures, on behalf of the respondent.

For the reasons mentioned in the application, the same is allowed.

The reply along with the annexures on behalf of the respondent is taken on record, subject to all just exceptions.

ARB-400-2025

1. The present application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) seeking appointment of an independent Arbitrator to adjudicate the disputes and differences which have arisen between the parties.

2. Learned counsel for the applicant submitted that there was a Memorandum of Understanding (MOU) in the nature of a family settlement between the parties vide Annexure P-1, containing an arbitration clause i.e. Clause No.9, wherein Arbitrators have been named by the parties. She further submitted that despite repeated requests, the Arbitrators mentioned in the aforesaid clause were not appointed and even a notice invoking the arbitration clause was served upon the respondent vide Annexure P-6 dated 30.04.2025, but no response to the same was received from the respondent and since the mechanism provided in the aforesaid clause had failed, an independent Sole Arbitrator may be appointed by this Court.

3. On the other hand, Mr. Samarth Sagar, learned counsel for the respondent, on instructions from the respondent who is present in the Court, submitted that the respondent has no objection in case an independent Sole Arbitrator is appointed by this Court as there is no dispute with regard to the existence of the aforesaid arbitration clause and also the invocation of the arbitration clause by way of issuance of notice vide Annexure P-6.

4. In view of the aforesaid submissions made by the learned counsels for the parties and especially in view of no objection being raised by the learned counsel for the respondent on instructions from the respondent who himself is present in the Court, the present application is allowed. Mr. Justice Krishna

East, Rahim Khan Road, New Delhi-110013, Office address: D-29, Nizamuddin

East, New Delhi, 110013, Mobile No.9415308516, e-mail ID-

officeofjusticekm@gmail.com, 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. Justice (JASGURPREET SINGH PURI)

22.12.2025 JUDGE

Chetan Thakur