M/S Kher Construction Vs Chief Engineer, Municipal… — Arbitration | Punjab & Haryana HC (2025)

M/S Kher Construction Vs Chief Engineer, Municipal… — Arbitration | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Appointment of Mr. Justice Ravi Shanker Jha, Former Chief Justice of this Court, as Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory requirements; parties to appear before the Arbitrator on 29.09.2025 at 10:00 AM; arbitrator to be paid fee in accordance with the Fourth Schedule of the 1996 Act; proceedings to be completed within the time limit specified under Section 29-A of the 1996 Act; request letter along with copy of the order to be sent to the arbitrator; pending application(s), if any, disposed of.

Issue for consideration

Whether the applicant's application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator should be granted, i.e., whether the conditions for invoking Section 11(6) of the 1996 Act stand satisfied.

Court's answer

Conditions to invoke the power conferred by Section 11(6) of the 1996 Act stand satisfied.

Ratio / Principle

Mr. Justice Ravi Shanker Jha, Former Chief Justice of this Court, is appointed as Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory requirements, and is requested to comply with the mandate of Section 12 of the 1996 Act before proceeding further.

Key takeaways

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

Detailed headnote1 paragraphs

Application under Section 11 of the Arbitration and Conciliation Act, 1996 by M/s Kher Construction allowed. Work had been allotted to the applicant by the Chief Engineer, Municipal Corporation Chandigarh vide letter dated 05.09.2017 pursuant to tender; a dispute erupted; an arbitration clause exists in the General Conditions of Contract and notice was served, which the respondent's counsel could not controvert. Holding the Section 11(6) conditions satisfied, Justice Jagmohan Bansal appointed Mr. Justice Ravi Shanker Jha, Former Chief Justice of this Court, as Sole Arbitrator; parties to appear before him on 29.09.2025 at 10:00 AM; fee payable per the Fourth Schedule of the 1996 Act; proceedings to be completed within the Section 29-A time limit; all claims/defences/counter claims may be raised before the Arbitrator and observations in the order are not binding on him.

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ARB-47-2025 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

260 ARB-47-2025 (O&M) Date of Decision: 15.09.2025

M/s Kher Construction …Applicant

Versus

Chief Engineer, Municipal Corporation Chandigarh …Respondent

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present: - Mr. Amit Parashar, Advocate and

Mr. Namit Gautam, Advocate for the applicant

Ms. Brea Sandhu, Advocate for Ms. Deepali Puri, 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.

Pursuant to tender, the applicant was allotted work by the respondent vide letter dated 05.09.2017. A dispute erupted between the parties. There is an arbitration clause in General Conditions of Contract. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail.

Learned counsel for the respondent expressed her inability to controvert existence of arbitration clause in General Conditions of Contract and service of notice.

Conditions to invoke power conferred by Section 11(6) of 1996 MOHIT KUMAR 2025.09.15 17:15 I attest to the accuracy and authenticity of thisAct stand satisfied, thus, I hereby appoint a Sole Arbitrator to adjudicate the order/judgment.

ARB-47-2025 (O&M)

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dispute between the parties.

Mr. Justice Ravi Shanker Jha, Former Chief Justice of this Court, residing at H.No. 913, Old B-68, Pandit Lajja Shankar Jha Road, Wright Town, Jabalpur-482001, Mobile No.9425153362 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 29.09.2025 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. Justice Ravi Shanker Jha.

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

(JAGMOHAN BANSAL) JUDGE

15.09.2025

Mohit Kumar

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

MOHIT KUMAR 2025.09.15 17:15 I attest to the accuracy and authenticity of this order/judgment.