285 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ARB-82-2026 (O&M)

Date of decision: 01.04.2026 M/S RAJASTHAN CABLES AND CONDUCTORS PRIVATE LIMITED ...Applicant(s)

VERSUS UTTAR HARYANA BIJLI VITRAN NIGAM LIMITED ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Ms. Bhawna Thakur, Advocate and Mr. Munish Kumar Garg, Advocate for the applicant.

Mr. Sourabh Goel, Advocate for the respondent.

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JASGURPREET SINGH PURI, J. (Oral)

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 appearing on behalf of the applicant submitted that there is a purchase order vide Annexure P-1 containing an arbitration clause i.e. Clause 20, which provides that in case of any dispute, the matter shall be referred to the Sole Arbitrator to be nominated by the Managing Director of the respondent. She further submitted that since the Managing Director is an interested party, the same is hit by the provisions of Section 12(5) of the Act and therefore any independent Sole Arbitrator may be appointed by this Court.

She further submitted that a dispute arose between the parties and the applicant invoked the aforesaid arbitration clause by issuing a notice dated 29.12.2025 (Annexure P-7) but no response was received from the respondent and therefore, the present application has been filed seeking appointment of an independent Arbitrator.

3. On the other hand, Mr. Sourabh Goel, Advocate has appeared on behalf of the respondent and submitted that he had filed his memorandum of appearance on 12.03.2026 and today he may be permitted to file his power of attorney.

4. The aforesaid request made by Mr. Sourabh Goel, learned counsel for the respondent is allowed. The power of attorney filed today during the course of proceedings is taken on record.

5. Learned counsel for the respondent submitted that he has specific instructions to state that the respondent has no objection in case any independent Sole Arbitrator is appointed by this Court as there is no dispute with regard to the existence of the arbitration clause and invocation of the said arbitration clause by way of issuance of a notice vide Annexure P-7.

6. In view of the above, the present application is allowed. Sh. Nilesh Bhardwaj, Advocate, Residential Address Flat No.603, Salvia Block, Amravati Enclave, Panchkula, Office Address D-7/14, Second Floor, DLF Valley, Panchkula, mobile No.-9888410246, e-mail ID-advocatenilesh@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.

7. 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.

8. Fee shall be paid to the learned Arbitrator in accordance with the Fourth Schedule of the Arbitration Act, as amended.

9. Learned Arbitrator is also requested to complete the proceedings as per the time limit prescribed under Section 29-A of the Act.

10. A request letter alongwith a copy of the order be sent to Sh. Nilesh Bhardwaj, Advocate.

(JASGURPREET SINGH PURI)

01.04.2026 JUDGE

Chetan Thakur