Rajender Kumar Vs Reliance Infratel Limited — Arbitration | Punjab & Haryana HC (2025)

Rajender Kumar Vs Reliance Infratel Limited — Arbitration | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application under Section 11 allowed: Mr. Vishal Aggarwal, Advocate, appointed sole arbitrator, subject to compliance of statutory requirements including Section 12 mandate; parties to appear before the arbitrator on 19.05.2025 at 10.00 A.M.; arbitrator's fee payable per the Fourth Schedule of the 1996 Act, as amended; proceedings to be completed within the time limit under Section 29-A; parties free to raise all claims/defences/counterclaims/pleas; request letter along with copy of the order to be sent to the arbitrator; pending miscellaneous applications disposed of.

Issue for consideration

Whether an arbitrator ought to be appointed on the applicant's application under Section 11 of the Arbitration and Conciliation Act, 1996. +1 more

Court's answer

Conditions to invoke the power conferred by Section 11(6) of the 1996 Act stand satisfied, warranting appointment of a sole arbitrator to adjudicate the dispute between the parties.

Ratio / Principle

Mr. Vishal Aggarwal, Advocate, is appointed as Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory requirements.

Key takeaways

The learned arbitrator is requested to comply with the mandate of Section 12 of the 1996 Act before proceeding further.ratio¶20
Any observation made by the Court will not bind the learned arbitrator; parties remain at liberty to raise all claims, defences, counterclaims and pleas before the arbitrator.obiter¶24

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 - Sections 11(6), 12, 29-A and Fourth Schedule - Application under Section 11 for appointment of arbitrator - Arbitration agreement dated 07.07.2004 between applicant (Rajender Kumar) and respondent (Reliance Infratel Limited) - Notice of invocation served, but to no avail - Respondent's counsel expressed inability to controvert execution of the arbitration agreement and service of notice - Court holds conditions for invoking Section 11(6) satisfied and appoints Mr. Vishal Aggarwal, Advocate, as sole arbitrator, subject to compliance of statutory requirements including the Section 12 mandate - Parties to appear before arbitrator on 19.05.2025 at 10.00 A.M. - Fee per Fourth Schedule as amended - Proceedings to be completed within Section 29-A time limit - Parties at liberty to raise all claims/defences/counterclaims; observations of the Court not binding on arbitrator - Pending miscellaneous applications disposed of.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

280

ARB-12-2023 (O&M) Date of decision: 05.05.2025

RAJENDER KUMAR

….APPLICANT

Vs.

RELIANCE INFRATEL LIMITED ...RESPONDENT

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present: Mr. Hitesh Chauhan, Advocate for

Mr. Suresh Kumar Kaushik, Advocate for the applicant.

Mr. Sumeet Jain, Advocate for the respondent.

JAGMOHAN BANSAL, J (ORAL)

Through instant application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ‘ 1996 Act ’), the applicant is seeking appointment of an Arbitrator.

The parties entered into arbitration agreement dated 07.07.2004. A dispute erupted between the parties. The applicant served notice upon respondent seeking resolution of dispute through arbitral tribunal but to no avail. 3. Mr. Sumeet Jain, Advocate, counsel for the respondent expressed his inability to controvert execution of arbitration agreement and service of notice.

Conditions to invoke power conferred by Section 11(6) of 1996 Act stand satisfied, thus, I hereby appoint a sole Arbitrator to adjudicate the dispute between the parties.

MANOJ KUMAR 2025.05.06 10:44 I attest to the accuracy and integrity of this document

ARB-12-2023 (O&M)

-2-

Mr. Vishal Aggarwal, Advocate, residing at House No.530, Sector 18-B, Chandigarh, Mobile No. 9814690605 is hereby appointed as a Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory requirements. The learned Arbitrator is requested to comply with mandate of Section 12 of 1996 Act before proceeding further.

The parties at the first instance will appear before the Arbitrator on 19.05.2025 at 10.00 A.M. and thereafter as directed by learned Arbitrator.

The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended.

The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act.

Needless to mention, parties would be at liberty to raise all the claims/defences/counter claims/pleas before the Arbitrator. Any observation made hereinabove will not be binding on the learned Arbitrator.

A request letter along with copy of this order be sent to Mr. Vishal Aggarwal.

Pending miscellaneous application(s), if any, shall also stand disposed of.

05.05.2025 [JAGMOHAN BANSAL] manoj JUDGE

Whether speaking/reasoned Yes/No Whether reportable Yes/No

MANOJ KUMAR 2025.05.06 10:44 I attest to the accuracy and integrity of this document