HARSHBIR SINGH PANNU Vs. JASWINDER SINGH

JUDGEMENT

(1.) This petition has been filed under Sec. 11(5) and (6) of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act") for appointment of an Arbitrator.

(2.) In a nutshell, facts leading to the filing of the petition are that the petitioners and the respondent entered into a partnership vide deed dtd. 12/3/2014, Annexure P-1, and a firm by the name of M/s Amritsar Health and Hospitality Services was constituted. A Super Specialty Cardiac Hospital, namely, Holy Heart Hospital, was established at Amritsar in furtherance of the agreement between the parties. A dispute arose between the parties and the respondent filed a petition under Sec. 9 of the Arbitration Act for restraining the petitioners from revoking the partnership deed, which was withdrawn from the Court of learned Additional District Judge, Amritsar on 22/5/2018, Annexure P-3. A company, Amritsar Health and Hospitality Services Private Limited, was incorporated on 13/11/2017, Annexure P-4, to take over the business of the partnership firm. Differences arose between the parties, which could not be resolved and vide notice dtd. 13/6/2018, petitioners dissolved the firm. On a petition, filed by the petitioners, this Court by order dtd. 2/3/2020 appointed a former Judge of this Court as an Arbitrator under Clause 13 to determine the disputes between the parties. Both the parties appeared before the Arbitrator and filed their claim as well as their counter claim. By order dtd. 27/7/2021, the Arbitrator fixed the fee with the consent of counsel for both the parties and when the parties did not deposit their respective share of the arbitral fee, by order dtd. 28/3/2022, Annexure P-8, Arbitrator terminated the proceedings under Sec. 38 of the Arbitration Act. This order was challenged by petitioner No.1 by filing a writ petition, which disposed off by this Court on 15/2/2023 in view of a Supreme Court judgment in Oil and Natural Gas Corporation Ltd. Versus Afcons Gunanusa JV, (2024) 4 SCC 481. Petitioners served a notice, Annexure P-9, upon the respondent invoking the arbitration clause, before filing the present petition for appointment of an Arbitrator and for determination of the fee to be paid to him.

(3.) Despite service and representation through a counsel, no response was filed. Since the respondent stopped appearing, a final opportunity was granted on 23/8/2024 and by order dtd. 12/11/2024, Mr. Aman Bahri, Additional Advocate General, Haryana was appointed as an Amicus Curiae, to assist the Court.