Disposed

Uma Lata Sharma v. M/S Icubeswire Technologies Pvt. Ltd.

Punjab & Haryana HC16 Oct 2023ARB/145/2023

Case brief

AI extract

What is this about?

In 11 connected arbitration matters, the petitioner, relying on a lease agreement clause, sought appointment of an arbitrator. The court appointed Justice L.N. Mittal as the sole arbitrator, directing compliance with independence declarations and fee schedules.

What did the court decide?

Appointment of Justice L.N. Mittal as sole Arbitrator under the Act, with parties to appear on 9.11.2023.

Uma Lata Sharma Vs M/S Icubeswire Technologies Pvt. Ltd. — Arbitration | Punjab & Haryana HC (2023)

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2023:PHHC:134694

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In the High Court for the States of Punjab and Haryana At Chandigarh

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(I)	ARB-145-2023 (O&M)
Uma Lata Sharma	… Petitioner
Versus
M/s IcubesWire Technologies Private Limited	... Respondent
(II)	ARB-148-2023 (O&M)
Shiv Ramchandani and others	… Petitioners
Versus
M/s IcubesWire Technologies Private Limited	... Respondent
(III)	ARB-185-2023 (O&M)
Rahul Sethi	… Petitioner
Versus
M/s IcubesWire Technologies Private Limited	... Respondent
(IV)	ARB-187-2023 (O&M)
Priyanka Kher	… Petitioner
Versus
M/s IcubesWire Technologies Private Limited	... Respondent

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MOHAN SINGH 2023.10.17 16:58 I attest to the accuracy and authenticity of this order/judgment

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ARB-145-2023 (O&M) and other 10 connected matters ( 2 )	*2023:PHHC:134694*
(V)	ARB-189-2023 (O&M)
Anurag Jain	… Petitioner
Versus
M/s IcubesWire Technologies Private Limited	... Respondent
(VI)	ARB-190-2023 (O&M)
Preeti Ganotra	… Petitioner
Versus
M/s IcubesWire Technologies Private Limited	... Respondent
(VII) [	ARB-196-2023 (O&M)
Sonia Jain	… Petitioner
Versus
M/s IcubesWire Technologies Private Limited	... Respondent
(VIII)	ARB-207-2023 (O&M)
Suneeta Aggarwal Versus	… Petitioner
M/s IcubesWire Technologies Private Limited	... Respondent
(IX)	ARB-223-2023 (O&M)
Sambhav Sunil Jain	… Petitioner
Versus
M/s IcubesWire Technologies Private Limited	... Respondent

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MOHAN SINGH 2023.10.17 16:58 I attest to the accuracy and authenticity of this order/judgment

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ARB-145-2023 (O&M) and other 10 connected matters ( 3 ) 2023:PHHC:134694 (X) ARB-232-2023 (O&M) Rachna Narula … Petitioner Versus M/s IcubesWire Technologies Private Limited ... Respondent (XI) ARB-265-2023 (O&M) Akhil Chatwal … Petitioner Versus M/s IcubesWire Technologies Private Limited ... Respondent

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Date of Decision:-16.10.2023

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Rohit Sud, Advocate and Ms. Kuljeet Kaur, Advocate for the petitioner(s).

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GURVINDER SINGH GILL, J . (Oral)

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The petitioner(s) have approached this Court seeking appointment of an Arbitrator in terms of provisions of Section 11(6) of Arbitration and Conciliation Act, 1996.

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Mr. Abhilaksh Grover, Advocate has put in appearance on behalf of the respondent(s) in all the 11 cases and has filed Vakalatnamas , which are taken on record.

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MOHAN SINGH 2023.10.17 16:58 I attest to the accuracy and authenticity of this order/judgment

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ARB-145-2023 (O&M) and other 10 connected matters ( 4 ) 2023:PHHC:134694

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The dispute, in nutshell, arises out of a lease agreement dated 27.9.2022 (Annexure P-1), wherein it was specifically provided that in case of any dispute the same, if not amicably resolved, would be referred to an Arbitrator. The aforestated position is evident from Article 9 of Lease Agreement dated 27.9.2022 (Annexure P-1 in all the petitions) and cannot possibly be disputed. The petitioner(s) have invoked by way of serving notice dated 21.2.2023 (Annexure P-2 in ARB Nos.145, 148, 185, 187, 189, 190, 207, 232 and 265 of 2023 and Annexure P-3 in ARB Nos.196 and 223 of 2023), but to no avail.

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Learned counsel representing the parties have otherwise expressed that in case the matter has to be sent for arbitration, then all the 11 petitions may collectively be sent to one Arbitrator, for sake of convenience.

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Accordingly, Justice L.N.Mittal (Retd.) is appointed as the sole Arbitrator. However, such appointment would be subject to the declaration to be made by Justice L.N.Mittal (Retd.) under Section 12 of the Act with regard to his independence and impartiality to settle the disputes between the parties.

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The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended or as may be mutually settled by the parties and the Arbitrator.

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The Arbitrator may conduct proceedings at Arbitration Centre, Chandigarh or at any other place convenient to all concerned.

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After seeking convenience of the Arbitrator, the parties are directed to appear before him on 9.11.2023 at 11:00 A.M. or any other date suitable to all concerned.

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A copy of this order be sent to the appointed Arbitrator at the given address :

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MOHAN SINGH 2023.10.17 16:58 I attest to the accuracy and authenticity of this order/judgment

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ARB-145-2023 (O&M) and other 10 connected matters ( 5 ) 2023:PHHC:134694

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House No. 93, Sector 4, MDC, Panchkula 134114 Phone No.97800-08127.

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All the 11 petitions stand accordingly disposed of in the above mentioned terms.

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A copy of this order be placed on the file of each connected case.

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16.10.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No

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MOHAN SINGH 2023.10.17 16:58 I attest to the accuracy and authenticity of this order/judgment

Uma Lata Sharma v. M/S Icubeswire Technologies Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Uma Lata Sharma v. M/S Icubeswire Technologies Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

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