Petitioner sought appointment of an arbitrator after dispute regarding construction works. Respondent had appointed an arbitrator without petitioner's consent. Court appointed an empanelled arbitrator to decide the dispute.
Shri D.P. Bajaj appointed as Arbitrator to decide the dispute between the parties.
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Arbitration Case No. 42 of 2011 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arbitration Case No. 42 of 2011 (O&M) Date of decision:- 06.07.2011
Setya Builders, Engineers and Contractors
...... Petitioner
Surya Educational and Charitable Trust
......Respondent
CORAM:-HON'BLE MR. JUSTICE HEMANT GUPTA
Present: Mr. Vaibhav Jain, Advocate, for the petitioner.
Ms. Surekha Thukral, Advocate, for the respondent.
HEMANT GUPTA, J. (ORAL)
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 New Engineering Campus, Pharmacy Block and College of Architecture at village Bapror, Tehsil Rajpura, District Patiala.
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.
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
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Arbitration Case No. 42 of 2011 (O&M)
08.02.2011 (Annexure A6) was served. Since, the Arbitrator was not appointed, the petitioner invoked the jurisdiction of this Court.
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.
Disposed of accordingly.
(HEMANT GUPTA) JUDGE
06.07.2011 Amodh
1 issue framed by the court
Whether the Court can intervene to appoint an arbitrator when parties fail to agree on a sole arbitrator.
Setya Builders, Engineers and Contractors
Surya Educational and Charitable Trust
Hemant Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
