Metal Tech Industries vs Director, Fire & Emergency Services, Haryana

Jagmohan Bansal, J

Through instant application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ‘1996 Act’), the applicant is seeking appointment of an Arbitrator.

The applicant was issued supply order by the respondent. Thereafter, an agreement was executed. A dispute erupted between the parties. There is an arbitration clause in the tender form. The applicant served notice upon the respondent seeking resolution of dispute through Arbitral Tribunal but to no avail.

Reply filed by the respondent is taken on record. Registry is directed to tag the same at an appropriate place.

Learned State counsel submits that agreement was executed between applicant and Director of Supplies and Disposals, Haryana. The respondent is indenting department. The applicant has not impleaded Directorate of Supplies and Disposals, Haryana as party. The said department is a necessary party.

From the perusal of reply to legal notice served upon Directorate of Supplies and Disposals, it is evident that said department is of the opinion that payment has to be made by indenting department. It had floated the tender and can extend period on the asking of indenting department. The said reply makes it clear that dispute of payment is between the applicant and Fire Department. It is further apt to notice that both departments are part and parcel of State of Haryana. In any case, the respondent is free to raise this issue before the Arbitral Tribunal.

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.

Mr. Justice Rajbir Sehrawat, Former Judge of this Court, residing at House No.3408, Sector 24, Chandigarh, Mobile No.7347025005 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.

The parties at the first instance will appear before the Arbitrator on 11.09.2025 at 10:00 AM and thereafter, as directed by learned Arbitrator.

The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the 1996 Act, as amended.

The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the 1996 Act.

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.

A request letter along with copy of this order be sent to Mr. Justice Rajbir Sehrawat.

Pending application(s), if any, shall stand disposed of.