Hdfc Bank Ltd. Vs Harjinder Singh and Anr. — Arbitration | Punjab & Haryana HC (2025)

Hdfc Bank Ltd. Vs Harjinder Singh and Anr. — Arbitration | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Appointment of Mr. Balraj Singh, Advocate, as Sole Arbitrator to adjudicate the dispute between HDFC Bank Ltd. and Harjinder Singh and another, subject to statutory compliance (including Section 12 disclosures); parties to appear before the Arbitrator on 23.09.2025 at 10:00 AM; arbitrator's fee payable per the Fourth Schedule of the 1996 Act as amended; proceedings to be completed within the Section 29-A time limit; request letter and copy of order to be sent to the arbitrator.

Issue for consideration

Whether the applicant's prayer for appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 should be granted notwithstanding the respondents' abstention from the proceedings before the Court.

Court's answer

The conditions requisite to invoke the power conferred by Section 11(6) of the 1996 Act stand satisfied, and the Court therefore appoints a Sole Arbitrator to adjudicate the dispute between the parties.

Ratio / Principle

Where respondents opt to abstain from joining the proceedings and the prayer is confined to appointment of an Arbitrator who would ultimately adjudicate rights and liabilities, the matter cannot be kept pending indefinitely and the Court may adjudicate the application on the basis of the available record.

Key takeaways

Mr. Balraj Singh, Advocate (House No.342, Sector 25, Panchkula) is appointed Sole Arbitrator subject to compliance of statutory requirements; he is to comply with the mandate of Section 12 of the 1996 Act before proceeding; parties are to appear before him first on 23.09.2025 at 10:00 AM; his fee is to be paid per the Fourth Schedule of the 1996 Act as amended; and proceedings are to be completed within the time limit specified under Section 29-A.ratio¶20
Any observation made in this order will not bind the learned Arbitrator, and the parties remain at liberty to raise all claims, defences, counter claims and pleas before the Arbitrator.obiter¶24

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — Section 11(6) — Appointment of Sole Arbitrator — Application by HDFC Bank Ltd. against Harjinder Singh and another. Though served, the respondents abstained from joining the proceedings before the High Court; the Court held that where the prayer is confined to appointment of an Arbitrator, the matter cannot be kept pending indefinitely and proceeded on the available record. Finding the conditions for invoking Section 11(6) satisfied, the Court appointed Mr. Balraj Singh, Advocate (Panchkula) as Sole Arbitrator, directed first appearance on 23.09.2025 at 10:00 AM, fixed fee per the Fourth Schedule, required completion within the Section 29-A timeline after Section 12 compliance, and clarified that its observations would not bind the Arbitrator. Decided orally by Jagmohan Bansal, J on 08.09.2025.

ARB-246-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

255

ARB-246-2025 Date of Decision: 08.09.2025

HDFC Bank Ltd. …Applicant

Versus

Harjinder Singh and another …Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present: - Mr. Sanchit Malik, Advocate for Mr. Abhishek Garg, Advocate for the applicant

None 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.

As per office report, respondents stand served. On 30.07.2025, there was no representation of the respondents and in the interest of justice, the matter was adjourned. Even today, there is no change in the situation. It appears that respondents have opted to abstain from joining the proceedings before this Court. The matter cannot be kept pending for an indefinite period especially when the prayer in the application is confined to appointment of an Arbitrator who ultimately would adjudicate rights and liabilities of the parties. Thus, this Court is left with no other option except to adjudicate the case on the basis of available record.

The parties entered into arbitration agreement. A dispute erupted between the parties. The applicant served notice upon the MOHIT KUMAR 2025.09.08 15:56 I attest to the accuracy and authenticity of this order/judgment.

ARB-246-2025

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respondents seeking resolution of dispute through Arbitral Tribunal but to no avail.

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. Balraj Singh, Advocate, residing at House No.342, Sector 25, Panchkula, Mobile No.9417419358 & 9467086675 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 23.09.2025 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. Balraj Singh, Advocate.

(JAGMOHAN BANSAL)

JUDGE

08.09.2025

Mohit Kumar

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

MOHIT KUMAR 2025.09.08 15:56 I attest to the accuracy and authenticity of this order/judgment.