The High Court appointed Mr. B.L. Singal as the sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, resolving contradictions in the arbitration clause agreed upon by parties to save costs.
Appointment of Mr. B.L. Singal as the sole arbitrator to adjudicate all disputes and counter-claims.
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
Arbitration Case No.31of2015(O&M)
DATE OF DECISION: 03.07.2015
M/s Scholastic India Pvt. Ltd.
…..Applicants
versus
M/s Gurgaon Packaging Pvt. Ltd., etc.
.....Respondents
CORAM:- HON'BLE MR.JUSTICE S.J.VAZIFDAR, ACTING CHIEF JUSTICE
Present: Mr. Sachin Mittal, Advocate for the applicants
Mr. V.M. Gupta, Advocate for the respondents
S.J. VAZIFDAR, ACTING CHIEF JUSTICE (Oral):
This is an application under Section 11(6) of the
Arbitration and Conciliation Act, 1996 for appointment of an
arbitrator.
2. The agreement containing arbitration clause is
admitted. There does appear to be some contradictions in the
arbitration clause. The parties, however, agree to the disputes
and differences between them being referred to a sole arbitrator
with a view to saving costs and time.
3. Mr. B.L. Singal, former District Judge, Haryana, is
appointed as the sole arbitrator. All disputes including claims and
counter-claims stand referred to the Arbitrator.
4. The application stands disposed of.
03.07.2015 (S.J. VAZIFDAR)
parkash* ACTING CHIEF JUSTICE
PARKASH CHAND 2015.07.06 18:40 I attest to the accuracy and authenticity of this document
2 issues framed by the court
Whether Mr. B.L. Singal is appropriately appointed as the sole arbitrator.
Whether all disputes and counter-claims should be referred to the arbitrator.
1 provisions across 1 enactments
M/s Scholastic India Pvt. Ltd.
M/s Gurgaon Packaging Pvt. Ltd.
S.J. Vazifdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court