Setya Builders v. Surya Educational & Charitable Trust

Punjab & Haryana HC6 Jul 2011ARB/41/2011

Case brief

AI extract

What is this about?

The Court appointed Mr. D.P. Bajaj as the sole arbitrator in a construction dispute regarding unpaid dues and work quality after the respondent unilaterally appointed an unacceptable arbitrator, invoking judicial jurisdiction to appoint an empanelled arbitrator.

What did the court decide?

Issued order appointing Shri D.P. Bajaj as the Arbitrator to decide the dispute between the parties.

Setya Builders Vs Surya Educational & Charitable Trust — Arbitration | Punjab & Haryana HC (2011)

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Arbitration Case No. 41 of 2011 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Arbitration Case No. 41 of 2011 (O&M) Date of decision:- 06.07.2011

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Setya Builders, Engineers and Contractors

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...... Petitioner

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Surya Educational and Charitable Trust

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......Respondent

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CORAM:-HON'BLE MR. JUSTICE HEMANT GUPTA

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Present: Mr. Vaibhav Jain, Advocate, for the petitioner.

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Ms. Surekha Thukral, Advocate, for the respondent.

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HEMANT GUPTA, J. (ORAL)

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The present petition is for appointment of an Arbitrator arising out of the disputes in respect of an agreement dated 12.11.2009 wherein petitioner was engaged for construction of Central Library Block etc. at village Bapror, Tehsil Rajpura, District Patiala.

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The dispute arose between the parties, as per the petitioner, it has not been paid the dues for the works executed, whereas on behalf of the respondent, it was alleged that the work is not of requisite quality and not as per the construction schedule mentioned in the agreement.

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The petitioner had raised a claim on 02.02.2011 vide Annexure A3. In response to the said communication, the respondent has appointed Mr. Sunil Mahajan as the Arbitrator to decide the dispute between the parties. The petitioner has not consented to Mr. Sunil Mahajan to act as an Arbitrator. A notice to appoint another Arbitrator vide communication dated 08.02.2011 (Annexure A6) was served. Since, the Arbitrator was not

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Arbitration Case No. 41 of 2011 (O&M)

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appointed, the petitioner invoked the jurisdiction of this Court.

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After hearing the learned Counsel for the parties and keeping in view the nature of dispute, Shri D.P. Bajaj, Chief Engineer (Retd.), PWD (B&R) Punjab, an Empanelled Arbitrator of Indian Council of Arbitrators, r/o 311, Sector 7, Panchkula is appointed as an Arbitrator. The Arbitrator shall be entitled to fix his own fee which shall not exceed the fee as per the Delhi High Court Arbitration Centre (Arbitrators' Fees) Rules.

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Disposed of accordingly.

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(HEMANT GUPTA) JUDGE

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06.07.2011

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Amodh

Setya Builders v. Surya Educational & Charitable Trust

Case brief

What is this about?

What did the court decide?

Setya Builders v. Surya Educational & Charitable Trust

Case brief

What is this about?

What did the court decide?

What the court decided

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Setya Builders Vs Surya Educational & Charitable Trust

Setya Builders Vs Surya Educational & Charitable Trust.