FAO No.3666 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** FAO No.3666 of 2008 (O&M) DATE OF DECISION: 13.07.2010 **** M/s Sant Ram Dass, Rice & General Mills . . . . Appellant VS. The Punjab State Warehousing Corporation Ltd and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.R.S. Rangpuri, Advocate for the appellant. Mr.Ishtbir Singh Sidhu, Advocate for respondent No.1. **** RAKESH KUMAR JAIN J. (ORAL) This appeal is directed against the order passed by Additional District Judge (Ad hoc), Fast Track Court, Muktsar dated 29.4.2008 vide which objections filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for setting aside the arbitral award dated 19.01.2004 has been dismissed. During the course of hearing, one of the arguments raised by learned counsel for the appellant is that as per Clause 9(iii) of the Agreement, the dispute falls within the excepted matters, which is to be decided by the Managing Director of the Punjab State Warehousing Corporation Limited. FAO No.3666 of 2008 (O&M) -2- Faced with this argument, learned counsel for respondent No.1 submits that he has instructions from the Corporation to say that the case be remanded to the Managing Director, Punjab State Warehousing Corporation Limited, Muktsar for deciding the issue of quantum of interest on the late delivery of the milled rice. The stand taken by the learned counsel for the respondents satisfies the learned counsel for the appellant and in view thereof, the impugned order of the learned District Judge dated 29.4.2008 is set aside and the matter is remanded to the Managing Director, Punjab State Warehousing Corporation Limited, Muktsar for deciding the issue of late delivery of the milling, which is alleged to have been occurred from time to time and impose interest in accordance with the Clause 9(iii) of the agreement after giving opportunity of hearing to the appellant. With the aforesaid observations, the present appeal is disposed of. (RAKESH KUMAR JAIN) 13.07.2010 JUDGE Vivek