Disposed

M/S New Om Constructions v. Union of India and Another

Punjab & Haryana HC21 Jul 2023ARB/75/2022

Case brief

AI extract

What is this about?

The Court awarded a petition under Section 11 of the Arbitration and Conciliation Act, 1996, appointing Justice Navita Singh as the sole arbitrator. The order specified venue, fees, and a hearing date.

What did the court decide?

Appointment of Justice Navita Singh (Retd.) as sole arbitrator; notice for appearance on 8.8.2023, 11:00 A.M.

M/S New Om Constructions Vs Union of India and Another — Arbitration | Punjab & Haryana HC (2023)

¶1

2023:PHHC:092585

¶2

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

¶3

ARB-75-2022 (O&M) Date of Decision:- 21.7.2023

¶4

M/s New Om Construction Company … Petitioner

¶5

Versus

¶6

UOI and another ... Respondents

¶7

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

¶8

Present:Mr. G.S. Bhatia, Advocate for the petitioner.

¶9

Mr. Samrit Gill, Advocate for Mr. Shivoy Dhir, Advocate Sr. Panel Counsel for the respondent-UOI.

¶10

¶11

GURVINDER SINGH GILL, J .

¶12

The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short hereinafter referred to as ‘the Act’) for appointment of an Arbitrator.

¶13

Admittedly, the parties had entered into an agreement dated 7.4.2014 (Annexure P-1) wherein the respondents had allotted the work for providing of OTM ACCN (Ph-II) at Bikaner Mil Station.

¶14

Clause 70 of the Agreement dated 7.4.2014 provides for resolution of dispute through Arbitration. The clause also provided that the proceedings shall be held at such place or places as may be fixed by the Arbitrator.

¶15

A dispute having arisen, the petitioner served notice dated 8.1.2022 (Annexure P-4). On failure of respondents to do the needful, the instant petition is filed.

¶16

KAMAL KUMAR 2023.08.01 09:37 I attest to the accuracy and authenticity of this document

ARB-75-2022 (O&M)

( 2 )

2023:PHHC:092585

At the outset learned counsel for the parties submitted that they have express instructions from their respective clients that this Court may appoint any independent and impartial Arbitrator to decide the disputes between the parties.

¶21

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

¶22

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.

¶23

As per agreement expressed by learned counsel for the parties, for the sake of the convenience of their respective clients, as also of the Arbitrator, the venue for the Arbitration shall be at Arbitration Centre, Chandigarh or at any other place convenient to all concerned.

¶24

After seeking convenience of the Arbitrator, the parties are directed to appear before him on 8.8.2023 at 11:00 A.M. or any other date suitable to all concerned.

¶25

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

¶26

H.No. 309, 9^th Floor, Jaishree Towers, Swastik Vihar, Mansa Devi Complex, Sector-5, Panchkula. Phone No. 8558809911

¶27

KAMAL KUMAR 2023.08.01 09:37 I attest to the accuracy and authenticity of this document

ARB-75-2022 (O&M)

( 3 )

2023:PHHC:092585

The petition is accordingly disposed of in the above mentioned terms.

¶32

21.7.2023 kamal	( GURVIN	DER SINGH GILL ) JUDGE
	Whether speaking /reasoned Yes	/ No
	Whether Reportable Yes	/ No

¶33

KAMAL KUMAR 2023.08.01 09:37 I attest to the accuracy and authenticity of this document

M/S New Om Constructions v. Union of India and Another

Case brief

What is this about?

What did the court decide?

M/S New Om Constructions v. Union of India and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lovepreeet Singh and Others Vs State of Punjab and Others

Mandeep Singh and Ors. Vs State of Punjab and Others

Ranjit Singh and Others Vs State of Punjab and Others

Prakash Asphaltings and Toll Highways ( India) Ltd. Vs Haryana State Industrial and Infrastructure Development Corporation Ltd.

Davinder Kumar and Others Vs State of Punjab and Others

Jitender Singh Rathee and Others Vs State of Haryana and Others