IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arb. Case No. 22 of 2010 Date of decision: 19.5.2011 M/s Guardian Lifecare Pvt. Ltd. …..Petitioner vs. M/s Yadav Enterprises …..Respondent CORAM: -HON’BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Manish Gandhi, Advocate for the petitioner. Mr. S.K.Yadav, Advocate for respondent. HEMANT GUPTA, J Petitioner has sought appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation, Act, 1996 (for short the ‘Act’), wherein, the petitioner has given franchise for marketing of its products to the respondent. The Agreement to this effect was executed between the parties on 5.1.2008. The said Agreement contains an Arbitration Clause which read as under: - “28. That the disputes shall be referred to the Arbitrator, one of which shall be appointed by the Chairman of the Franchisor and other by the Franchisee. If the opinions of two Arbitrators are divided, both of them will appoint the 3rd Arbitrator. Further, the Arbitration and Conciliation Act, 1996 or any amendments therein will be applicable.” Since, the dispute arose between the parties, respondent nominated Sh. J.B. Sharma, Addl. District Judge Arb. Case No. 22 of 2010 (Retd.) Gurgaon as their Arbitrator whereas on behalf of the petitioner, Mr. Alok Singh, Advocate was nominated to act as an Arbitrator. On 4.11.2009, the Arbitrator nominated by the petitioner communicated to the Arbitrator nominated by the respondent that they have agreed for appointment of Justice J.D. Kapoor as the Presiding Arbitrator. However, in response to the said communication, Mr. J.B. Sharma communicated to the Arbitrator vide the communication dated 4.1.2010 (Annexure P-16) that the stage for appointment of a third Arbitrator has not arisen as there is no difference amongst the Arbitrators. Subsequently, there are disputes in respect of proceedings before the Arbitral Tribunal which led to filing of the present petition for orderly conduct of the proceedings of the Arbitral Tribunal. During the course of the arguments, learned counsel for the parties have agreed that in stead of Arbitral Tribunal of three members, let a sole Arbitrator be appointed by this Court to resolve the dispute between the parties arising out of the Agreement dated 5.1.2008. In view of the said fact, Mr. Ashwani Talwar, Advocate, resident of H. No 413, Sector 6, Panchkula is appointed as a Sole Arbitrator. Learned Arbitrator may fix his fee with the consultation of the parties with liberty to the parties to seek 2 Arb. Case No. 22 of 2010 directions, if any required, in the matter of fee. The fee and expenses shall be shared equally by the parties. (HEMANT GUPTA) JUDGE 19.5.2011 preeti 3