JAGMOHAN BANSAL, J. (Oral)
1. On 11.07.2025, this Court passed the following order: -
"The applicant through instant application under Section11(6) read with Section 15 of the Arbitration and Conciliation Act, 1996 (for short "1996 Act") is seeking appointment of an Arbitrator to adjudicate the dispute between the parties.
2. The applicant on the earlier occasion filed ARB Case No.222 of 2021 titled as 'Trident Ltd. Vs. Gurulaxmi Cottex Pvt. Ltd.' before this Court which was allowed vide order dated 03.03.2023. Shri. Ashok Paul Batra, Additional District and Sessions Judge (Retd.) was appointed as Sole Arbitrator. Mis-understanding errupted between Arbitrator and contesting parties. The respondent through his counsel tendered apology and gave written assurance that necessary arbitral fee shall be paid. He further requested for continuation of proceedings. Learned Arbitrator insisted the parties for an agreement for continuation of proceedings. The applicant herein submitted its consent, however, respondent
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on 15.06.2025 refused to give its consent for continuation of Arbitration Proceedings. Learned Arbitrator vide order dated 12.05.2025 has withdawn himself from the proceedings. The applicant is left with no other option except to approach this Court.
3. Counsel for the applicant submits that applicant has entered into an arbitration agreement with respondent. It has served notice upon respondent seeking appointment of an arbitrator but to no avail.
4. Notice of motion.
5. Ms. Ragni Swami, Advocate who on advance notice is present in Court (Through V.C.), accepts notice on behalf of the respondents. She seeks time to file reply and address the arguments.
6. Adjourned to 22.07.2025."
2. Learned counsel for the respondents submits that she has no objection if an independent Arbitrator is appointed by this Court. She assures the Court that there would be no default in making fee of the newly appointed Arbitrator.
3. In the wake of statement of both sides, Mr. Lal Chand, Additional District & Sessions Judge (Retd.), residing at House No.2458, Sector 23-C, Chandigarh, Mobile No.9988523522 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.
4. The parties at the first instance will appear before the Arbitrator on 06.08.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator. The substituted/newly appointed Arbitrator would proceed from the stage earlier appointed Arbitrator has withdrawn himself from the proceedings.
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5. The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended.
6. The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act.
7. 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.
8. A request letter along with copy of this order be sent to Mr. Lal Chand.
(JAGMOHAN BANSAL)
JUDGE
22.07.2025
Mohit Kumar
| Whether speaking/reasoned |
Yes/No |
| Whether reportable |
Yes/No |
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