In an arbitration petition, the Court appointed M.S. Lobana as a sole arbitrator to adjudicate a commercial dispute between the parties who failed to mutually appoint one after receiving notices.
Appointment of Shri M.S. Lobana as an Arbitrator entitled to fee as per the Punjab & Haryana High Court (Arbitrators' Panel & Fees) Rules, 2011.
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Arbitration Case No.23 of 2011 -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Arbitration Case No.23 of 2011 Date of decision: October 13, 2011.
M/s Jet Age Multimedia
... Petitioner
v.
M/s Show Off & another
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE HEMANT GUPA
Present: Shri S.D. Bansal, Advocate, for the petitioner.
Shri Ashish Chopra, Advocate, for the respondents.
Hemant Gupta, J. (Oral):
The petitioner has sought appointment of a sole arbitrator to adjudicate the dispute between the parties by invoking jurisdiction under Section 11 of the Arbitration & Conciliation Act, 1996 (for short the Act).
As per the petitioner, the parties entered into an agreement on 27.10.2008 wherein the petitioner was granted franchise rights in respect of the products of the respondent. The agreement Annexure P-1 has following as the arbitration clause:-
“ Any dispute between the parties to this agreement matter shall be referred to an arbitrator whose name shall be agreed upon between the parties mutually, in case parties fail to appoint arbitrator mutually within one month from the notice by either side to the other side to appoint arbitrator then,
Arbitration Case No.23 of 2011 -: 2 :-
either side can approach the court to appoint the arbitrator and decision of arbitrator so appointed shall be final and binding upon both the parties. All disputes will be settled at Chandigarh courts only. ”
The petitioner served a notice on 14th October, 2010 as also notice dated 14th December, 2010 but, the respondent has not consented to an arbitrator, therefore, the petitioner has invoked the jurisdiction of this Court for appointment of an arbitrator.
Shri Ashish Chopra, learned counsel for the respondents, states that there exists disputes, and that such disputes are required to be decided by an arbitrator.
Consequently, Shri M.S. Lobana, resident of House No.78, Sector 27-A, Chandigarh, a retired District Judge, is appointed as an Arbitrator. He shall be entitled to fee as per the Punjab & Haryana High Court (Arbitrators' Panel & Fees) Rules, 2011, to be shared initially equally by the parties.
The petition stands disposed of.
October 13, 2011. kadyan
[ Hemant Gupta ] Judge
1 issue framed by the court
Whether the court has jurisdiction to appoint a sole arbitrator under Section 11 of the Arbitration & Conciliation Act, 1996 when the parties fail to appoint one mutually.
1 provisions across 1 enactments
M/s Jet Age Multimedia
M/s Show Off & another
Hemant Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
