Disposed

Opera Infratech and Developers v. Hry Wakf Board, Ambala Cantt

Punjab & Haryana HC20 Jul 2011ARB/140/2010

Case brief

AI extract

What is this about?

In this arbitration case, the court addressed a dispute between the petitioner and the Respondent arising from a 2008 construction agreement. The petitioner sought appointment of an arbitrator. Relying on the agreement, the court appointed Sh. R.K. Aggarwal as the arbitrator.

What did the court decide?

Appointment of Sh. R.K. Aggarwal, Chief Engineer, as Arbitrator.

Opera Infratech and Developers Vs Hry Wakf Board… — Arbitration | Punjab & Haryana HC (2011)

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Arb. Case No.140 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Arb. Case No.140 of 2010 Date of decision: 20.07.2011

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Opera Infractech & Developers, through its partner Sh. Ajayvir Sehgal.

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..Petitioner

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Versus

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Haryana Wakf Board through its Chief Executive Officer.

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..Respondent

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CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA.

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Present:Mr.R.K. Goyal, Advocate for the petitioner.

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Mr.Sunil Garg, Advocate, for the respondent.

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HEMANT GUPTA, J. (ORAL)

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The petitioner has sought appointment of an Arbitrator in respect of the disputes arising out of an agreement dated 02.05.2008.

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Vide the aforesaid agreement, the petitioner was awarded contract for the construction of Mewat Engineering College at Village Pilla, Nuh, District Mewat. The said agreement contained an Arbitration Clause providing for resolution of dispute by a Superintendent Engineer or a Chief Engineer of Haryana PWD (B & R) to be nominated by designation by the Chairman of the respondent-Board. It is further contemplated that if the Arbitrator nominated by the Chairman, HWB is unable and unwilling to act as such for any reason, whatsoever the Chairman of the respondent-Board shall be competent to appoint or nominate Chief Engineer or Superintendent Engineer, as the case may be, as the Arbitrator in his place.

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::2::

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Arb. Case No.140 of 2010

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There are disputes between the parties. Such disputes have not been referred for adjudication by an Arbitrator. Mr. Sunil Garg learned counsel for the respondent has suggested names of two Chief Engineers and of one Superintendent Engineer for appointment as an Arbitrator.

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Since as per agreement, the Arbitrator has to be Superintendent Engineer, therefore, Sh. R.K. Aggarwal, Chief Engineer, PWD (B & R) is appointed as an Arbitrator to resolve all the disputes inter se between the parties in accordance with law.

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(HEMANT GUPTA) JUDGE

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July 20, 2011 Sukhpreet

Opera Infratech and Developers v. Hry Wakf Board, Ambala Cantt

Case brief

What is this about?

What did the court decide?

Opera Infratech and Developers v. Hry Wakf Board, Ambala Cantt

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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