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2025 Supreme(Online)(SC) 9914

SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR, JJ
M/S BPTP LTD. – Appellant
Versus
M/S YASH CONSTRUCTIONS – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Gaurav Agarwal, Sr. Adv., Mr. Kaushik Poddar, AOR, Mr. Diwakar R Singh, Adv., Mr. Akash Dalal, Adv., Mr. Hanzala Reza, Adv., Mr. Achin Nayak, Adv.
For the Respondents: Mr. Charanjit Singh Bakshi, Adv., Mr. Jatinder Kumar Bhatia, AOR

Table of Content
1. background of the case and procedural history. (Para 1 , 2)
2. counsel for both sides presented arguments. (Para 3)
3. court's reasoning on arbitration and dispute resolution. (Para 4)

O R D E R

2. This appeal by way of special leave arises out of the judgment and orders passed by the High Court of Punjab and Haryana in Arb. No. 253 of 2018 (O&M) on 21.10.2022, whereby the High Court initially allowed the application ex-parte filed by the respondent under Section 11 of the Arbitration and Conciliation Act , 1996 (for short, 'the Act') seeking appointment of an arbitrator and subsequently dismissed CM No. 17953-CII of 2022 in ARB No. 253 of 2018 dated 29.03.2023 filed by the appellant for recalling of order dated 21.10.2022.

Signature Not Verified

10:56:50 IST Reason:

All that the respondent seeks is determination of the dispute through arbitration, for which she filed a petition under Section 11 of the Act way back in the year 2014. This Section 11 proceedings continued till date unabated on an enquiry as to the correct seat/venue for arbitration. In order to ensure that there is finality to this issue, we are of the opinion that the matter can be referred to sole

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