2023:PHHC:064718

Arb. Case No. 102 of 2021 [1]

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

Arbitration Case No. 102 of 2021

Date of decision: 5^th May, 2023

Saint Soldier Engineers and Contractors Pvt. Ltd.

Petitioner

Versus

Union of India and others

Respondents

CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. P. S. Rana, Advocate for the petitioner.

Mr. Arvind Seth, Advocate for the respondents.

AVNEESH JHINGAN, J (Oral):

1.

This is a petition under Section 11 of the Arbitration and

Conciliation Act, 1996 (for short, 'the Act') for appointment of an arbitrator

for adjudication of disputes between the parties.

2.

The petitioner was allotted tender for execution of work of

provision of Sports Infrastucture at Air Force Station Adampur. Clause 70

of the general terms and conditions provides for dispute resolution through

arbitration.

3.

The petitioner issued notice dated 11.11.2019 for appointment

of arbitrator. On failure to do the needful, the present petition was filed.

4.

Learned counsel for the respondents submits that liberty be

granted to raise all the issues in arbitration proceedings.

5.

The petition is accordingly disposed of by appointing

Mr. Harinderpal Singh Mahal, District & Sessions Judge (Retd.), H. No.

1130, Sector 21-B, Chandigarh as the sole arbitrator. The arbitrator is

appointed subject to declaration to be made by him under Section 12 of

the Act with regard to his independence and impartiality to settle the

dispute between the parties.

6.

The arbitrator shall be paid fee in accordance with the Fourth

Schedule of the Act, as amended.

ANURADHA

2023.05.05 14:51

I attest to the accuracy and

integrity of this document.

2023:PHHC:064718

Arb. Case No. 102 of 2021 [2]

7.

The arbitrator is requested to complete the proceedings as per

time limit specified under Section 29A of the Act.

8.

It is clarified that the reference shall be subject to the

petitioner's complying with all the requirements of the agreement.

9.

Needless to say that respondent will be at liberty to raise all the

issues in arbitration proceedings.

10.

Copy of the order be sent to the appointed arbitrator.

[AVNEESH JHINGAN]

JUDGE

5^th May, 2023

mk

1. Whether speaking/ reasoned

:

Yes / No

2. Whether reportable

:

Yes / No

ANURADHA

2023.05.05 14:51

I attest to the accuracy and

integrity of this document.