This is an interlocutory order in an arbitration matter where the High Court appointed Professor S.K. Marya as the arbitrator following parties' agreement, overriding the respondent's suggested list. The petitioner's objections were addressed.
Professor S.K. Marya appointed as arbitrator; objection to respondent's list ignored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Arbitration Case No. 131 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arbitration Case No. 131 of 2010(O&M) Date of decision: 14th July, 2011
Anil Tiwari
.......Petitioner
Versus
M/s A.K.Vidya Mandir
........Respondent
BEFORE: HON'BLE MR. JUSTICE HEMANT GUPTA
Present: Mr. P.S.Rana, Advocate for the petitioner.
Mr. Prahlad Bhagat, Advocate for the respondent.
1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No
2. To be referred to the Reporters or not?Yes/No
3. Whether the judgment should be reported in the Digest? Yes/No
Hemant Gupta, J.(Oral)
Civil Misc. No. 16671-CII of 2011
Allowed as prayed for.
Filing of certified copy of the agreement dated 13.01.2006
is dispensed with and typed copy of the same is taken on record.
Main case
Learned counsel for the parties agree that the Arbitrator
needs to be appointed to resolve the dispute. Though learned
counsel for the respondent has submitted list of persons out of which, one can be appointed but the petitioner has raised objection in
Arbitration Case No. 131 of 2010
2
respect of an Arbitrator to be appointed from such list.
After hearing learned counsel for the parties, Professor S.K.Marya, former Principal DAV College, Sector-10, now residing at House No. 253, Sector 37, Chandigarh is appointed as an Arbitrator to decide the disputes between the parties. Learned Arbitrator shall fix
his fee in consultation with the parties.
Disposed of.
[HEMANT GUPTA] JUDGE
14th July, 2011 Shivani Kaushik
2 issues framed by the court
Whether to appoint an arbitrator to resolve the dispute between the parties.
Whether objections by the petitioner against a proposed list of arbitrators were valid.
Anil Tiwari
M/s A.K. Vidya Mandir
Hemant Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
