271 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***

ARB-79-2026 (O&M)

Date of Decision: 07.04.2026 M/s Sudhir Power Projects Limited .... Applicant Versus M/s Spirit Infratech Private Limited ..... Respondent CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. A.C. David, Advocate &

Mr. Sushil K. Bhardwaj, Advocate for the applicant.

Mr. Balram Singh, Advocate for the respondent.

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JASGURPREET SINGH PURI , J . (ORAL)

1. The present application has been filed under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) praying for appointment of an independent Sole Arbitrator to adjudicate upon the disputes which have arisen between the parties.

2. Learned counsel for the applicant submitted that there was a work order issued by the respondent to the applicant vide Annexure P-4 dated 15.10.2020 which is in the nature of a Contract. The aforesaid work order contains a valid arbitration clause i.e. Clause 30. He further submitted that since a dispute arose between the parties, the applicant invoked the aforesaid arbitration clause by issuing notice under Section 21 of the Act to the respondent vide Annexure P-8 dated 03.10.2025 but no response was received from the respondent in this regard. Consequently, the present application has been filed under Section 11 of the Act for appointment of a Sole Arbitrator by this Court.

3. On the other hand, Mr. Balram Singh, learned counsel for the respondent submitted that he has sought specific instructions to state that the respondent has no objection in case any independent Sole Arbitrator is appointed by this Court considering the fact that there exists a valid arbitration clause in the work order (Annexure P-4) and the same has been invoked by the applicant vide the aforesaid notice dated 03.10.2025.

4. In view of the aforesaid facts and circumstances, the present application is allowed. Ms. Alka Chatrath, Advocate, resident of House No.2055, Sector 15-C, Chandigarh, Mobile No.9815393333, Email ID: alkachatrath@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. The respondent shall be at liberty to raise all the pleas legally permissible under the law before learned Arbitrator.

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

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

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

9. A request letter alongwith a copy of the order be sent to Ms.

Alka Chatrath, Advocate.

10. Miscellaneous applications, if any, shall also stand disposed of since the main case has been allowed.

07.04.2026 (JASGURPREET SINGH PURI)

Bhumika JUDGE