STATE OF PUNJAB ETC. vs M/S SHARMA & ASSOCIATES

CR-1582-2004(O&M) and CR-1583-2004(O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 202 DATE OF DECISION : 15.07.2026 1. CR-1582-2004(O&M) STATE OF PUNJAB AND OTHERS …PETITIONERS Versus M/S SHARMA & ASSOCIATES …RESPONDENT 2. CR-1583-2004(O&M) STATE OF PUNJAB AND OTHERS …PETITIONERS Versus M/S SHARMA & ASSOCIATES …RESPONDENT CORAM : HON’BLE MS. JUSTICE LAPITA BANERJI Present : Mr. Surya Kumar Yadav, AAG, Punjab for the petitioners. Mr. Abhishek Kansal, Advocate for the respondent. LAPITA BANERJI, J.(ORAL) Learned counsel appearing on behalf of the parties are ad idem that the position of law with regard to the validity of the District Judges appointing learned Arbitrators under Section 11(6) of the Arbitration and Conciliation Act, 1996 when they were designated by the Chief Justice of the High Court concerned, will be governed by the position of law stated by the Constitutional Bench in judgment dated October 26, 2005 “SBP & Co. Vs. Patel Engineering Ltd. and another” reported in (2005) 8 SCC 618. 2. In the present civil revisions, learned Arbitrator was appointed on December 19, 2003, which was prior to the judgment of SBP & Co. (supra). Therefore, such appointment was v