Arbitration Case No.6 of 2004 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Arbitration Case No.6 of 2004 (O&M) Date of Decision: 04 - 02 - 2008 M/s Raj Kishan & Company ....Petitioner through Mr.D.K.Singhal , Advocate v. Haryana Power Generation Corporation Ltd. ....Respondents and others through Mr.Suveer Sheokand, Advocate CORAM: HON'BLE MR.JUSTICE VIJENDER JAIN, CHIEF JUSTICE *** 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 (ORAL) CM No.12786-CII of 2007 Application allowed. Delay condoned in depositing the security amount. Arbitration Case No.6 of 2004 (O&M) The arbitration clause is admitted between the parties. The only controversy being agitated by the respondents is that Arbitrator in terms of the arbitration agreement could not be appointed as the petitioner had failed to comply with Clause 84(vii) thereof. An application has been filed on behalf of the petitioner indicating that the security amount of 3% for all claims except the one Arbitration Case No.6 of 2004 (O&M) [2] has been deposited as per contemplation of the arbitration clause. However, for one claim he will deposit the same after appointment of the Arbitrator. Let him do so. On 2.9.2005, the parties were directed to exchange the names of some officers of the rank of Superintending Engineer, H.S.E.B. so that an agreeable officer may be appointed as the sole arbitrator. Pursuant to that orders, the respondents have supplied the list of one Superintending Engineer, whereas the petitioner has given the names of three Superintending Engineers. However, there is no agreement on any one of them between the parties. Therefore, with the consent of the parties, I appoint Justice Amarjeet Chaudhary (a retired Judge of this Court) as the sole Arbitrator to adjudicate upon all the disputes between the parties. The Arbitrator shall fix his own fee. The intimation of appointment be sent to the Arbitrator. Parties to appear before the Arbitrator on 14.3.2008 at 4.00 P.M. Petition stands disposed of. ( VIJENDER JAIN ) February 4, 2008 CHIEF JUSTICE RC