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Lalit Verma v. Aton Gateway Business Solutions and Others

Arbitration – Appointment of arbitrator

Punjab & Haryana HC6 Aug 2025ARB/53/2025

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Case brief

AI extract

What is this about?

Punjab & Haryana HC, ARB-53-2025, decided 06.08.2025 by Jagmohan Bansal, J.: Section 11(6) Arbitration and Conciliation Act 1996 — appointment of sole arbitrator; lease deed dated 13.06.2019; notice served, unresolved; Mr. Sachin Sharma appointed Sole Arbitrator subject to Section 12 compliance; first appearance 20.08.2025; fee per Fourth Schedule; completion within Section 29-A time limit; parties free to raise all pleas before arbitrator.

What did the court decide?

Appointment of Mr. Sachin Sharma, Former Additional District & Sessions Judge, as Sole Arbitrator to adjudicate the dispute between the parties, subject to compliance of statutory requirements; parties to first appear before the Arbitrator on 20.08.2025 at 10:00 AM. ¶5

Lalit Verma Vs Aton Gateway Business Solutions and Others — Arbitration | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether an arbitrator ought to be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996 in favour of the applicant, i.e., whether the conditions to invoke that power stand satisfied.

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Court's answer

Conditions to invoke the power conferred by Section 11(6) of the Arbitration and Conciliation Act, 1996 stand satisfied, and the Court accordingly appoints a Sole Arbitrator to adjudicate the dispute between the parties.

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Ratio / Principle

Mr. Sachin Sharma, Former Additional District & Sessions Judge, is appointed as Sole Arbitrator, subject to compliance of statutory requirements, and is requested to comply with the mandate of Section 12 of the 1996 Act before proceeding further.

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Key takeaways

The parties are to appear before the Arbitrator at the first instance on 20.08.2025 at 10:00 AM and thereafter as directed by the learned Arbitrator.ratio¶6
The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended.ratio¶7
The Arbitrator is requested to complete the proceedings within the time limit specified under Section 29-A of the 1996 Act.ratio

Detailed headnote1 paragraphs

Arbitration — Appointment of arbitrator — Application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (ARB-53-2025, High Court of Punjab and Haryana at Chandigarh, Jagmohan Bansal, J., 06.08.2025) — Parties had executed a lease deed dated 13.06.2019; dispute erupted; applicant served notice seeking resolution through Arbitral Tribunal but to no avail; respondents' counsel expressed inability to controvert execution of the lease deed and service of notice — Conditions to invoke power conferred by Section 11(6) held satisfied — Mr. Sachin Sharma, Former Additional District & Sessions Judge (R1, E 316, DLF Hyde Park, New Chandigarh, S.A.S Nagar, Mohali), appointed Sole Arbitrator, subject to statutory compliance, including compliance with the mandate of Section 12 of the 1996 Act before proceeding further — Parties to first appear before the Arbitrator on 20.08.2025 at 10:00 AM — Arbitrator's fee per Fourth Schedule of the 1996 Act, as amended; proceedings to be completed within time limit under Section 29-A — Parties free to raise all claims/defences/counter claims/pleas; observations of this Court not binding on the Arbitrator.

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ARB-53-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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251 ARB-53-2025 Date of Decision: 06.08.2025

Lalit Verma

…Applicant

Versus

Aton Gateway Business Solutions and others …Respondents

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CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

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Present: - Mr. Hitesh Goyal, Advocate and Mr. Jagbir Singh, Advocate for the applicant

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Mr. Vaibhav Narang, Advocate for respondents

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JAGMOHAN BANSAL, J . (Oral)

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Through instant application under Section 11(6) of the

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Arbitration and Conciliation Act, 1996 (for short ‘ 1996 Act ’), the applicant is seeking appointment of an Arbitrator.

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The parties executed lease deed dated 13.06.2019. 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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Learned counsel for the respondents expressed his inability to controvert execution of lease deed 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 dispute between the parties.

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Mr. Sachin Sharma, Former Additional District & Sessions

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Judge, residing at R1, E 316, DLF Hyde Park, New Chandigarh, District MOHIT KUMAR 2025.08.06 17:08 I attest to the accuracy and integrity of this order/judgment.

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ARB-53-2025

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S.A.S Nagar, Mohali, Mobile No.8054555090 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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