The court emphasized the necessity and efficiency of arbitration in resolving ongoing disputes between the parties.

O R D E R

1. Leave granted.

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.

3. Heard Mr. Gaurav Agarwal, learned senior counsel appearing for the appellant and Mr. Charanjit Singh Bakshi, learned counsel for the respondent.

Signature Not Verified

4. Having considered the matter in detail, we are of the opinion Digitally signed by KAPIL TANDON Date: 2025.10.18

10:56:50 IST Reason:

that this has been an unnecessary litigation between the parties.

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 arbitrator as determined by this Court.

5. We appoint Mr. Sajan Poovayya, learned Senior Advocate of this Court as the sole arbitrator. The learned arbitrator will fix his fee in consultation with the parties. The venue and seat for arbitration shall be in Delhi.

6. With these observations, the appeals are disposed of.

7. Pending application(s), if any, shall stand disposed of.

…………………………………………………………………………J.

[PAMIDIGHANTAM SRI NARASIMHA]

…………………………………………………………………………J.

[ATUL S. CHANDURKAR]

NEW DELHI;

OCTOBER 15, 2025 ITEM NO.21 COURT NO.6 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8435-8436/2023 [Arising out of impugned final judgment and order dated 21-10-2022 in ARB No. 253/2018 29-03-2023 in CM No. 17953/2022 passed by the High Court of Punjab & Haryana at Chandigarh]

M/S BPTP LTD. Petitioner(s)

VERSUS M/S YASH CONSTRUCTIONS Respondent(s)

Date : 15-10-2025 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ATUL S. CHANDURKAR For Petitioner(s) :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 Respondent(s) :Mr. Charanjit Singh Bakshi, Adv.

Mr. Jatinder Kumar Bhatia, AOR UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The Civil Appeals are disposed of in terms of the Signed Order.

3. Pending application(s), if any, shall stand disposed of. (KAPIL TANDON) (NIDHI WASON)