A rbitration Case No. 31 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH A rbitration Case No. 31 of 2007 Date of decision : 8.4.2008 M/s Rattan Singh Associates (Pvt.) Ltd. .....Petitioner through Mr. S.V. Kulkarni, Advocate Versus M/s Gill Power Generation Co. Pvt. Ltd. ....Respondents through Mr. Kamal Sehgal, Advocate CORAM : Hon'ble Mr. Justice Vijender Jain, Chief Justice. Hon'ble Mr. Justice Jaswant Singh, Judge. 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? VIJENDER JAIN, CHIEF JUSTICE The petitioner has filed this petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 ( for short “the Act”) for seeking appointment of the Arbitrator. Learned counsel for the petitioner has stated that earlier the petitioner had filed Arbitration Application No. 242 of 2006 for appointment of Arbitrator in the High Court of Delhi, which was decided on 4.1.2007 with the observations that the Delhi High Court did not have jurisdiction, as cause of action has arisen at Punjab. Hence this petition. Learned counsel for the respondents has contended that as cause of action has arisen at Punjab, therefore, Arbitrator may also be appointed within the jurisdiction of this Court. I am afraid that the contention of learned counsel for the respondent is not supported by the contractual agreement entered into between the parties. The arbitration Clause mentioned in the agreement is reproduced below:- “25.3 (a) In case of dispute or difference arising between the A rbitration Case No. 31 of 2007 -2- EMPLOYER and a domestic contractor relating to any matter arising out of or connected with this agreement, such disputes or differences shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 arbitrators one each to be appointed by the EMPLOYER and the contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the parties and shall act as Presiding Arbitrator. In case of failure of the two arbitrators appointed by the parties to reach upon a consensus within a period of 30 days from the appointment of the arbitrator appointed subsequently, the Presiding Arbitrator shall be appointed by the President of the Institution of Engineers (India). XXX XXX XXX ( c) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a) and (b) above within 30 days after receipt of the notice of the appointment of its arbitrator by the other party, then the President of the Institution of Engineers (India) both in cases of the foreign contractor as well as Indian contractor shall appoint the arbitrator. A certified copy of the order of the President of the Institution of Engineers (India), making such an appointment shall be furnished to each of the parties. XXX XXX XXX (d) Arbitration proceedings shall be held at Delhi and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English.” From perusal of the Arbitration Clause, it is manifestly clear that parties wanted to have their arbitration proceedings at Delhi. A rbitration Case No. 31 of 2007 -3- As no Arbitrator has been appointed by the respondents after invocation of the Arbitration Clause, therefore, with the consent of the parties, Hon'ble Mr. Justice S.K. Mahajan, Retired Judge of Delhi High Court is appointed as sole Arbitrator, who will adjudicate upon the disputes between the parties including the counter claim of the respondents. The Arbitrator shall fix his own fee. Let the intimation of appointment be sent to the Arbitrator by the Registry of this Court. Parties are directed to appear before the Arbitrator on 2.5.2008. With the aforesaid direction, petition shall stand disposed of. April 08, 2008 (VIJENDER JAIN) Pka CHIEF JUSTICE