✦ Punjab & Haryana High Court · 20 Aug 2007

Shri Gursharan Singh v. Shri Ritesh Khatri

Arbitration Case No. 230 of 2006VIJENDER JAIN

Case at a glance

Outcome

Disposed of

Petition stands disposed of

Provisions considered

Key paragraphs

  • Para 33. Whether the judgment should be reported in the Digest? *** VIJENDER JAIN, CHIEF JUSTICE (ORAL) This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. Learned counsel for the petitioner has relied upon Clause…

Judgment

Shri Gursharan Singh ....Petitioner through Mr.R.S.Bajaj , Advocate v. Shri Ritesh Khatri ....Respondent through Mr.D.S.Brar, Advocate CORAM: HON'BLE MR.JUSTICE VIJENDER JAIN, CHIEF JUSTICE ***

1.

Whether Reporters of Local Newspapers may be allowed to see the judgment?

2.

To be referred to the Reporters or not?

Operative part

3.

Whether the judgment should be reported in the Digest? *** VIJENDER JAIN, CHIEF JUSTICE (ORAL) This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. Learned counsel for the petitioner has relied upon Clause 20 of the arbitration agreement which is to the following effect:-

20. That in case of any dispute, controversy or claim relating to this partnership or any breach in respect thereof, the matter will be first decided by the partners mutually and if the partners are unable to settle the dispute or other such matter amicably, the same shall be referred to the Arbitrator under Arbitration Case No.230 of 2006 [2] the Indian Arbitration Act, then in force.

It is contended by learned counsel for the petitioner that vide notice dated 22.12.2004, the said arbitration clause was invoked. However, no Arbitrator was appointed. Learned counsel appearing for the respondent has contended that Arbitrator was not appointed as there is no dispute between the parties. The law is well settled that even if a party alleges that there is no dispute, whether a dispute exists or not is also to be adjudicated upon by the Arbitrator. Therefore, with the consent of the parties, I appoint Mr.B.R.Bansal (retired Additional District & Sessions Judge, Punjab) as the sole Arbitrator to adjudicate upon all the disputes between the parties. The Arbitrator shall fix his own fee. Intimation of appointment be sent to the Arbitrator. Parties to appear before the Arbitrator on 20.10.2007 at 4.00 P.M. at his residence. Petition stands disposed of. August 20, 2007 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.

Which court decided this case, and when?

Punjab & Haryana High Court, on 20 Aug 2007. The bench was VIJENDER JAIN.

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.

Why is this linked?

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