IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 25.03.2011 Arb. Case No.48 of 2010 Moti Ram ...Petitioner Versus State of Haryana & another ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Pritam Saini, Advocate, for the petitioner. Mr. P.S.Poonia, Addl. AG, Haryana, for the respondents. HEMANT GUPTA, J. (ORAL) The petitioner has invoked the jurisdiction of this Court under Section 11 (6) & (8) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for appointment of an Arbitrator in respect of the disputes between the parties arising out an Agreement dated 15.07.2005. Vide the aforesaid Agreement, the petitioner was allotted work of “Providing and Laying of 200 mm, 250 mm, 300 mm, 400 mm i/d SW pipe sewer reach of PQRSTUVWXYZO with branches sewer construction of main hole chambers providing and fixing MH cover with frame, providing and fixing of steps and all other contingent thereto”. The petitioner has completed the work allotted on 13.02.2008. The claim of the petitioner for certain amount was denied. The petitioner, thereafter, sought appointment of an Arbitrator in terms of Clause 25-A of Arb. Case No.48 of 2010 the Agreement. Since the Arbitrator was not appointed, the petitioner has invoked the jurisdiction of this Court. In reply, the respondents have inter alia stated that the petitioner has not made any request to the competent authority i.e. Engineer- in-Chief, Haryana, Public Health Engineering Department, Panchkula for appointment of an Arbitrator and that the petitioner has not deposited the security required in terms of sub-clause 7 of Clause 25-A of the Agreement. During the course of arguments, learned counsel for the respondents stated that on deposit of security amount by the petitioner, the respondents shall appoint an Arbitrator in terms of Clause 25-A of the Agreement. Keeping in view the aforesaid fact, the present petition is disposed of with liberty to the petitioner to deposit the amount of security in terms of the Agreement between the parties within a period of one month from today. On such deposit being made, the respondents shall appoint an Arbitrator in terms of Clause 25-A of the Agreement within one month thereof. 25.03.2011 (HEMANT GUPTA) Vimal JUDGE 2