Punjab Agro Industries Corpn. Ltd v. Dr.A.S.Bindra
Case at a glance
Outcome
Disposed of
Petition stands disposed of
Provisions considered
Judgment
through Mr.N.S.Boparai , Advocate v. Dr.A.S.Bindra ....Respondent through : None CORAM: HON'BLE MR.JUSTICE VIJENDER JAIN, CHIEF JUSTICE ***
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Whether the judgment should be reported in the Digest? *** VIJENDER JAIN, CHIEF JUSTICE (ORAL) Arbitration clause is not denied. Admittedly, there was a dispute between the parties and as such pursuant to the arbitration clause, both the parties appointed their respective Arbitrators. However, the Presiding Arbitrator could not be appointed as there was no agreement could be arrived at between the Arbitrators so appointed by the parties. Hence a petition under Section 11 of the Arbitration and Conciliation Act, 1996 was filed before in the District Courts, Chandigarh. However, in view of the Supreme Court decision in M/s.S.B.P. & Co. Arbitration Case No.104 of 2006 [2] v. M/s Patel Engineering Ltd. & Anr., 2005(4) RCR (Civil) 747, the matter was transferred to this Court. This Court issued notice to the parties. Mr.Karandeep Sharma, Advocate appeared for the respondent on
Operative part
16.4.2007, 10.7.2007 and then on 10.9.2007. Thereafter, counsel for the respondent stopped appearing. It seems that the respondent has no defence to the prayer of the petitioner and possibly there cannot be any objection for appointment of a Presiding Arbitrator if both the Arbitrators have failed to appoint the Presiding Arbitrator. Therefore, I appoint Justice S.K.Jain (a retired Judge of this Court) as the Presiding Arbitrator so as to constitute an arbitral Tribunal which shall proceed to adjudicate the disputes between the parties. The Presiding Arbitrator shall fix his own fee. Petition stands disposed of. May 19, 2008 RC ( VIJENDER JAIN ) CHIEF JUSTICE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Petition stands disposed of
Which statutory provisions did this judgment involve?
Arbitration and Conciliation Act, 1996 — s. 11.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.