IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

244

ARB No.335 of 2021 (O&M)

Date of Decision: 20.12.2022

M/S FABRICATION HOUSE

......Petitioner

Vs

MUNICIPAL CORPORATION FARIDABAD AND ORS

.....Respondents

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present: Mr. Rohit Rana, Advocate for the petitioner.

Mr. Prateek Mahajan, Advocate for the respondents.

****

RAJ MOHAN SINGH, J.(Oral)

The petitioner has preferred this petition under

Section 11 of the Arbitration and Conciliation Act, 1996 for the

appointment of an independent Arbitrator to adjudicate upon the

dispute arising out of contract agreement dated 28.04.2017.

During the course of arguments, learned counsel for

the parties are ad idem that ARB No.332 of 2021 filed by the

petitioner against the same respondents on the basis of similar

contract agreement has already been disposed of by appointing

Sh.K.C.Sharma, District and Sessions Judge (Retd.) to be the

sole Arbitrator to resolve the dispute between the parties.

Learned counsel for the parties jointly submit that the

present petition may also be disposed of in the same terms as

the petitioner undertakes to deposit 7½% of the amount

claimed within a period of one month, thereupon, the matter be

referred to the same Arbitrator for adjudication of the claim,

which has been tentatively fixed at Rs.17,27,200/- along with

interest. However, the same would be subject to final

adjudication by the Arbitrator .

ANITA DEVI

2022.12.22 11.53

I attest to the accuracy and

authenticity of this

order/judgment

ARB No.335 of 2021 (O&M)

-2-

In view of the consensus arrived at between the

parties, the present petition is disposed of, thereby appointing

Sh. K.C. Sharma, District & Sessions Judge (Retd.) R/o BB-2,

Villa-3, Ground Floor, VIP Floors, Sector 81, Faridabad,

Haryana, Mobile Nos.8930337700, 7988311414, Email:

kcsharma56@yahoo.in as the sole Arbitrator, to resolve the

dispute/difference between the parties. The Arbitrator shall enter

upon the reference only after deposit of 7½% of the amount

claimed by the petitioner within a period of one month

The appointment of the Arbitrator shall be subject to

the declaration to be made by him as required under Section 12

of Arbitration and Conciliation Act, 1996 in respect of his

independence and impartiality to settle the dispute between the

parties.

The Arbitrator would complete the proceedings

within the specified time in terms of Section 29-A of the said Act.

The Arbitrator shall be paid fee in accordance with the IVth

Schedule of the Act as amended from time to time. The fee shall

be borne by both the parties equally.

Venue of the Arbitration shall be the place to be

disclosed by the Arbitrator according to his convenience. A copy

of this order be dispatched to the Arbitrator at the following

address:-

Sh. K.C. Sharma, District & Sessions Judge

(Retd.) R/o BB-2, Villa-3, Ground Floor, VIP Floors,

Sector 81, Faridabad, Haryana, Mobile

Nos.8930337700,

7988311414,

Email:

kcsharma56@yahoo.in.

(RAJ MOHAN SINGH)

December 20, 2022

JUDGE

anita

Whether speaking/reasoned Yes/No

Whether reportable Yes/No

ANITA DEVI

2022.12.22 11.53

I attest to the accuracy and

authenticity of this

order/judgment