Raghav Gupta Vs Vsr Infrastech Pvt. Ltd. and Others — Arbitration | Punjab & Haryana HC (2025)

Raghav Gupta Vs Vsr Infrastech Pvt. Ltd. and Others — Arbitration | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application under Section 11 of the Arbitration and Conciliation Act, 1996 allowed: Mr. Subhash Goyal, District & Sessions Judge (Retd.), appointed Sole Arbitrator subject to compliance of statutory requirements (including Section 12 mandate); parties to first appear before the Arbitrator on 03.09.2025 at 10:00 AM; arbitrator's fee payable per the Fourth Schedule of the 1996 Act, as amended; proceedings to be completed within the time limit specified under Section 29-A of the 1996 Act; parties free to raise all claims/defences/counter claims/pleas before the Arbitrator.

Issue for consideration

Whether the conditions for invoking the power conferred by Section 11(6) of the Arbitration and Conciliation Act, 1996 stand satisfied so as to warrant appointment of an arbitrator to adjudicate the dispute between the parties.

Court's answer

Conditions to invoke the power conferred by Section 11(6) of the 1996 Act stand satisfied; the Court therefore appoints a Sole Arbitrator to adjudicate the dispute between the parties.

Ratio / Principle

Mr. Subhash Goyal, District & Sessions Judge (Retd.), residing at House no. 4254-A, Sector 23-A, Gurugram, is hereby appointed as Sole Arbitrator, subject to compliance of statutory requirements.

Key takeaways

The parties shall appear before the Arbitrator at the first instance on 03.09.2025 at 10:00 AM and thereafter as directed by the learned Arbitrator.ratio¶¶20
Any observation made in the order will not be binding on the learned Arbitrator.obiter¶¶23

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — Section 11(6) — Appointment of arbitrator — Applicant and respondents had executed a Memorandum of Understanding dated 19.06.2015; dispute erupted; applicant's notice seeking resolution through Arbitral Tribunal went unanswered; counsel for respondents expressed inability to controvert execution of the MoU and service of notice — Held, conditions to invoke Section 11(6) stood satisfied — Mr. Subhash Goyal, District & Sessions Judge (Retd.) (Gurugram), appointed Sole Arbitrator, subject to compliance of statutory requirements including Section 12 disclosures; first joint appearance before the Arbitrator fixed for 03.09.2025 at 10:00 AM; fee per Fourth Schedule of the 1996 Act as amended; proceedings to be completed within Section 29-A time limit; parties at liberty to raise all claims/defences/counter claims/pleas; observations in the order not binding on the Arbitrator.

ARB-196-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

249 ARB-196-2025 Date of Decision: 21.08.2025

Raghav Gupta …Applicant

Versus

VSR Infrastech Private Limited and others …Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present: - Mr. Munish Puri, Advocate for Mr. Dinesh Trehan, Advocate for the applicant Mr. Jagdeep Yadav, Advocate for the respondents ***

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 Memorandum of Understanding dated 19.06.2015. A dispute erupted between the parties. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail.

Reply filed by the respondents is taken on record. Registry is directed to tag the same at an appropriate place.

Learned counsel for the respondents expressed his inability to controvert execution of Memorandum of Understanding and service of notice. She, however, submits that the Arbitrator may be appointed in

MOHIT KUMAR 2025.08.21 17:06Gurugram. I attest to the accuracy and authenticity of this order/judgment.

ARB-196-2025

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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.

Mr. Subhash Goyal, District & Sessions Judge (Retd.), residing at House no. 4254-A, Sector 23-A, Gurugram, Mobile No. 8813888900 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 03.09.2025 at 10:00 AM 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. Subhash Goyal.

(JAGMOHAN BANSAL) JUDGE

21.08.2025

Mohit Kumar

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

MOHIT KUMAR 2025.08.21 17:06 I attest to the accuracy and authenticity of this order/judgment.