In an application for appointment of an arbitrator under an arbitration clause in a lease agreement, the court accepted counsel for the respondent withdrew. The court appointed a retired judge as the sole arbitrator to resolve the dispute.
Appointment of Mr. G.L. Chopra as sole arbitrator under the arbitration clause.
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Arb. Case No 140 of 2011
Present: - Mr. Anand Chibbar, Advocate for the petitioner.
Mr. Namit Gautam, learned counsel for respondents states that he has received no instructions from his client and he seeks permission of the Court to withdraw from the present petition.
Allowed as prayed for.
(HEMANT GUPTA) JUDGE
23.3.2012 preeti
Arb. Case No. 140 of 2011
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arb. Case No 140 of 2011 Date of decision of : 23.3.2012
M/s G.R.S. Health Care Pvt. Ltd
…..Petitioner
vs.
R.S. Grewal …..Respondent
CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA
Present: - Mr. Anand Chibbar, Advocate for the petitioner.
HEMANT GUPTA, J
Petitioner has sought appointment of an Arbitrator in respect of the dispute arising out of a lease agreement dated 15.9.2008 (Anneuxre P- 1), whereby the petitioner was inducted as a lessee as per the conditions mentioned in such lease agreement. It is the assertion of the petitioner that the respondent has violated the terms and conditions of the lease agreement and that on account of such violations, the petitioner has suffered huge losses. Therefore, the petitioner served a notice dated 1.9.2011 (Annexure P-3) for resolution of the disputes by an arbitrator. Petitioner received a reply dated 17.9.2011 (Annexure P-4), wherein, the claim of the petitioner was disputed. Since, the arbitrator was not appointed, the petitioner invoked the jurisdiction of this Court.
Mr. Gautam, Advocate had appeared on behalf of respondents, on 17.11.2011 & 6.1.2012. Last opportunity was granted to Mr. Gautam to file reply on 10.2.2012. But today, Mr. Gautam has stated that he has no instructions to appear on behalf of respondents. Consequently, he has
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Arb. Case No. 140 of 2011
sought discharge as counsel for respondents, which has been allowed separately today.
A perusal of the record shows that there exist dispute arising out of a lease agreement, therefore, such disputes are required to be decided by an arbitrator in terms of the arbitration clause which reads as under: -
“23. Dispute Resolution a) xxx xxx xxx b) Arbitration: In the event of a failure to reach settlement of a dispute in accordance with Clause A any and all disputes or differences arising out of or in connection with this agreement or its performance shall be submitted to arbitration at the request of any of the parties upon written notice to that effect to the other parties as the case may be, and such arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996 (the “Arbitration Act”) by a sole arbitration appointed jointly by all the parties.
i) The language of the Arbitration shall be English. ii) The venue of the Arbitration shall be the place of the Registered Office of the LESSOR Company i.e. at Ludhiana in the State of Punjab
iii) The parties agree that the award of the Arbitration shall be final and binding upon the parties and that none of the parties shall be entitled to commence or maintain any action in the court of law upon any matter in dispute arising from or in relation to this Agreement, except for the enforcement of an arbitral award granted pursuant to this Clause B.”
In view of the unresolved disputes, Mr. G.L. Chopra, former District and Sessions Judge resident of House No. 55, Punjab Judges/Officers Enclave, Sector 77, Mohali 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
Arb. Case No. 140 of 2011 -2-
1 issue framed by the court
Whether an arbitrator should be appointed to adjudicate disputes arising under the lease agreement.
1 provisions across 1 enactments
M/s G.R.S. Health Care Pvt. Ltd
R.S. Grewal
HEMANT GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
