Allowed¶20

Deva Enterprises v. Hunyhuny Overseas Pvt. Ltd.

Punjab & Haryana HC6 Aug 2025ARB/227/2025

Case brief

AI extract

What is this about?

Punjab & Haryana High Court, Chandigarh; ARB-227-2025; decided 06.08.2025; Jagmohan Bansal, J.; Deva Enterprises v. Hunyhuny Overseas Private Limited; Section 11(6) Arbitration and Conciliation Act 1996; appointment of sole arbitrator; Justice Rameshwar Singh Malik (retd.); arbitration agreement dated 04.08.2023; Section 12 disclosure mandate; Fourth Schedule fees; Section 29-A time limit.

What did the court decide?

Application under Section 11(6) allowed; Mr. Justice Rameshwar Singh Malik, Former Judge of this Court, appointed Sole Arbitrator; parties to first appear before the Arbitrator on 20.08.2025 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 under Section 29-A of the 1996 Act. ¶20

Deva Enterprises Vs Hunyhuny Overseas Pvt. Ltd. — Arbitration | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the conditions to invoke 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.

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Ratio / Principle

The conditions to invoke the power conferred by Section 11(6) of the 1996 Act stand satisfied, and the Court accordingly appointed Mr. Justice Rameshwar Singh Malik, Former Judge of this Court, as Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory requirements, directing the arbitrator to comply with the mandate of Section 12 of the 1996 Act before proceeding.

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Key takeaways

The parties are at liberty to raise all claims, defences, counter claims and pleas before the Arbitrator, and any observation made in this order will not be binding on the learned Arbitrator.obiter¶24

Detailed headnote1 paragraphs

Arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 allowed. Respondent's counsel was unable to controvert execution of the arbitration agreement dated 04.08.2023 or service of the notice invoking arbitration; the Court held the Section 11(6) conditions satisfied and appointed Mr. Justice Rameshwar Singh Malik, Former Judge of the Punjab and Haryana High Court, as Sole Arbitrator, directing compliance with the Section 12 mandate, first appearance of the parties on 20.08.2025, fee per the Fourth Schedule, and completion of proceedings within the Section 29-A time limit. Parties remain free to urge all claims, defences and pleas before the Arbitrator; observations in the order do not bind him.

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ARB-227-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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254 ARB-227-2025 Date of Decision: 06.08.2025

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Deva Enterprises …Applicant

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Versus

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Hunyhuny Overseas Private Limited …Respondent

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CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

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Present: - Mr. Nishith Bansal, Advocate for the applicant

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Ms. Priya Bhati, Advocate and Mr. Shailender Singh, Advocate for the respondent ***

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JAGMOHAN BANSAL, J . (Oral)

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Through instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘ 1996 Act ’), the applicant is seeking appointment of an Arbitrator.

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The parties entered into arbitration agreement dated 04.08.2023. A dispute erupted between the parties. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail.

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Reply filed on behalf of the respondent is taken on record. Registry is directed to tag the same at an appropriate place.

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Learned counsel for the respondent expressed his inability to controvert execution of arbitration agreement and service of notice.

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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

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MOHIT KUMARdispute between the parties. 2025.08.07 08:56 I attest to the accuracy and integrity of this order/judgment.

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ARB-227-2025

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Mr. Justice Rameshwar Singh Malik, Former Judge of this Court, residing at B-13, Mayflair Gardens, Hauz Khas, August Kranti Marg, New Delhi, Mobile No.7837049206 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.

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The parties at the first instance will appear before the Arbitrator on 20.08.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator.

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

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

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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.

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A request letter along with copy of this order be sent to Mr. Justice Rameshwar Singh Malik.

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(JAGMOHAN BANSAL) JUDGE

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06.08.2025

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Mohit Kumar

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

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MOHIT KUMAR 2025.08.07 08:56 I attest to the accuracy and integrity of this order/judgment.

Deva Enterprises v. Hunyhuny Overseas Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Deva Enterprises v. Hunyhuny Overseas Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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