This brief order appoints an independent arbitrator, Mr. Ashwani Talwar, to adjudicate a dispute between the petitioner and respondent regarding non-payment of claims, in accordance with the agreed arbitration clause and court fee rules.
Appointment of Mr. Ashwani Talwar as arbitrator to adjudicate the disputes between the parties.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arb. Case No 124 of 2011 Date of decision of : 23.3.2012
Crompton Greaves Ltd. …..Petitioner
vs.
M/s Senco Power Agencies …..Respondent
CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA
Present: - Mr. G.S. Brar, Advocate for the petitioner. Mr. Deepak Baliyan, Advocate for respondent.
HEMANT GUPTA, J
Petitioner has sought appointment of an arbitrator in respect of the dispute arose out of an agreement dated 28.2.2006 (Annexure P-2), wherein, the services were to be rendered by respondents. The said agreement contains following arbitration clause: -
“In case of any difference or dispute between the parties to this agreement as to the meaning or construction of the terms and conditions of this agreement or in respect of any difference or any dispute arising directly or in directly under or by virtue of this agreement at any time, the same shall be referred to the Northern Region Head of CGL, whose decision shall be binding and conclusive upon both the parties and this clause shall be deemed to be a submission of such difference or disputes for all purpose whatsoever.”
Petitioner served a notice dated 9.4.2010 demanding a sum of Rs. 13,76,296.48 paise. Subsequently, on January 31st , 2011, petitioner sought appointment of an arbitrator in respect of the dispute of non-payment of the amount claimed.
Since, the arbitrator was not appointed nor consented to, petitioner approached this Court for appointment of an arbitrator.
Arb. Case No. 124 of 2011
-2-
Mr. Baliyan, learned counsel for respondent states that respondent is ready for appointment of an independent arbitrator.
Keeping in view the arbitration clause between the parties, Mr. Ashwani Talwar, Advocate resident of House No. 413, Sector 6, Panchkula is appointed as an arbitrator to adjudicate upon the disputes between the parties. The arbitrator shall be entitled to fee as per Punjab and Haryana High Court (Arbitrator's Panel and Fee) Rules, 2011.
Disposed of.
(HEMANT GUPTA) JUDGE
23.3.2012 preeti
1 issue framed by the court
Whether an arbitrator should be appointed in the dispute arising between the parties under their agreement.
1 provisions across 1 enactments
Crompton Greaves Ltd.
M/s Senco Power Agencies
HEMANT GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
