C.R. No. 1079 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.R. No. 1079 of 2010 (O&M) Date of decision : 19.2.2010 ... M/s Sadhna Phospate & Chemicals Ltd. ................Petitioner vs. Punjab Agro Foodgrains Corporation Ltd. and another .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. V.K. Sachdeva, Advocate for the petitioner ... K.C. Puri, J. (Oral) This is a petition under Article 227 of the Constitution of India for setting aside the order dated 2.2.2010 (Annexure P-4), vide which the Sole Arbitrator has disallowed the petitioner to file written statement. The arbitration proceedings are continuing against petitioner by Punjab Agro Foodgrains Corporation Limited, before the Sole Arbitrator. Learned Arbitrator has held that since the defence statement has not been filed for the last three months inspite of 5 opportunities, so the request for further adjournment, for filing the reply was declined. Feeling dissatisfied with the above said order, the present C.R. No. 1079 of 2010 -2- petition has been filed for setting aside the said order. Since, the prayer in revision petition is for allowing the petitioner to file the written statement, so, notice to the opposite party need not be issued. Counsel for the petitioner has submitted that petitioner appeared before the Arbitrator on 16.11.2009 and the observation made in the impugned order that for the last three months written reply has not been filed, is wrong. It is settled principle of law that no body should be condemned unheard. From the perusal of the file it is revealed that case was fixed for 21.12.2009 but was taken up on 18.12.2009 as the Arbitrator was preoccupied on 21.12.2009. On 15.1.2010 an application was moved by the petitioner challenging the jurisdiction, which was dismissed summarily on that date. So, keeping in view whole of the circumstances, the petition stands accepted. The impugned order dated 2.2.2010 (Annexure P-4) stands set aside and the petitioner is allowed to file the written defence on the next date of hearing on payment of Rs.2,000/- as costs to be deposited with District Legal Services Authority, Chandigarh. ( K.C. Puri ) 19.2.2010 Judge chugh