Arbitration Case No. 43 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arbitration Case No. 43 of 2011 (O&M) Date of decision:- 06.07.2011 Setya Builders, Engineers and Contractors ...... Petitioner Vs Surya Educational and Charitable Trust ......Respondent CORAM:-HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Vaibhav Jain, Advocate, for the petitioner. Ms. Surekha Thukral, Advocate, for the respondent. * * * * HEMANT GUPTA, J. (ORAL) The present petition is for appointment of an Arbitrator arising out of the disputes in respect of an agreement dated 12.01.2009 wherein petitioner was engaged for construction of MBA, MCA, Pharmacy and Architect Institute at village Bapror, Tehsil Rajpura, District Patiala. The dispute arose between the parties, as per the petitioner, it has not been paid the dues for the works executed, whereas on behalf of the respondent, it was alleged that the work is not of requisite quality and not as per the construction schedule mentioned in the agreement. The petitioner had raised a claim on 02.02.2011 vide Annexure A5. In response to the said communication, the respondent has appointed Mr. Sunil Mahajan as the Arbitrator to decide the dispute between the parties. The petitioner has not consented to Mr. Sunil Mahajan to act as an Arbitrator. A notice to appoint another Arbitrator vide communication dated 08.02.2011 (Annexure A8) was served. Since, the Arbitrator was not Arbitration Case No. 43 of 2011 (O&M) 2 appointed, the petitioner invoked the jurisdiction of this Court. After hearing the learned Counsel for the parties and keeping in view the nature of dispute, Shri D.P. Bajaj, Chief Engineer (Retd.), PWD (B&R) Punjab, an Empanelled Arbitrator of Indian Council of Arbitrators, r/o 311, Sector 7, Panchkula is appointed as an Arbitrator. The Arbitrator shall be entitled to fix his own fee which shall not exceed the fee as per the Delhi High Court Arbitration Centre (Arbitrators' Fees) Rules. Disposed of accordingly. (HEMANT GUPTA) JUDGE 06.07.2011 Amodh