M/S Devki Nandan Steel Works through Its Partner Vs… — Arbitration | Punjab & Haryana HC (2025)

M/S Devki Nandan Steel Works through Its Partner Vs… — Arbitration | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Appointment of Ms. Ekta Thakur, Advocate as Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory requirements and the mandate of Section 12 of the 1996 Act; 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; parties at liberty to raise all claims/defences/counter claims/pleas before the Arbitrator.

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 a Sole Arbitrator to adjudicate the dispute between the parties.

Court's answer

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

Ratio / Principle

Ms. Ekta Thakur, Advocate was appointed as Sole Arbitrator, subject to compliance of statutory requirements, and she is required to comply with the mandate of Section 12 of the 1996 Act before proceeding further.

Detailed headnote1 paragraphs

Application under Section 11(6) of the Arbitration and Conciliation Act, 1996 by M/s Devki Nandan Steel Works against Punjab State Power Corporation Limited and another, arising out of a purchase order-cum-contract agreement dated 26.06.2012 after a dispute erupted and the applicant's arbitration notice went unheeded. Counsel for the respondents did not controvert execution of the agreement or service of notice. Holding the conditions for invoking Section 11(6) satisfied, the Court appointed Ms. Ekta Thakur, Advocate as Sole Arbitrator, subject to statutory compliance including Section 12 disclosures, with fee per the Fourth Schedule and completion within the Section 29-A time limit; first appearance fixed for 20.08.2025.

ARB-456-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

107 ARB-456-2025 Date of Decision: 06.08.2025

M/s Devki Nandan Steel Works …Applicant

Versus

Punjab State Power Corporation Limited and another …Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present: - Mr. Ankush Rampal, Advocate for the applicant

Mr. Pratap Singh Gill, Advocate for respondents

JAGMOHAN BANSAL, J . (Oral)

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.

The parties entered into purchase order-cum-contract agreement dated 26.06.2012. A dispute erupted between the parties. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail.

Mr. Pratap Singh Gill, Advocate appeared and filed his Memorandum of Appearance on behalf of the respondents. The same 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/issuance of purchase order-cum-contract agreement dated 26.06.2012 and service of notice.

MOHIT KUMAR 2025.08.06 17:25 I attest to the accuracy and integrity of this order/judgment.

ARB-456-2025

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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.

Ms. Ekta Thakur, Advocate, residing at House No. 1528, Sector 18-D, Chandigarh, Mobile No.9417333314 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 20.08.2025 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 Ms. Ekta Thakur, Advocate.

(JAGMOHAN BANSAL)

JUDGE

06.08.2025

Mohit Kumar

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

MOHIT KUMAR 2025.08.06 17:25 I attest to the accuracy and integrity of this order/judgment.