FAO No.2270 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 2270 of 2011 (O&M) Date of Decision: 08.04.2011 Shree Balaji Enterprises ...Appellant Versus Isolux Corsan India Engineering & Construction Pvt. Ltd. and another .....Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. P.S. Rana, Advocate for the appellant. Mr. Tushar Sharma, Advocate for respondent No.1. ..... RAJESH BINDAL, J. While challenging the order passed by the learned court below, on an application filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996, the only prayer made by the learned counsel for the appellant is that the measurement of the work carried out at spot by the appellant be made before the same is handed over to some other contractor. The stand of the respondents is that after the appellant abandoned the work, the same has been allotted to M/s Balaji Infratech & Construction Pvt. Ltd. on 22.1.2011 and thereafter the new contractee has even started work on the project and it will be difficult to measure the exact work carried out by the appellant. However, there is record available with the respondents regarding the work carried out by the appellant as before handing over the work to a new contractee, measurements were done. Learned counsel for the appellant submitted that there is dispute regarding the exact work carried out by the appellant. In fact, even if today, measurement of the work is carried out by the Engineers nominated by both the parties, that can be helpful in the arbitration proceedings where the matter is pending. FAO No.2270 of 2011 2 To this proposal of the learned counsel for the appellant, learned counsel for respondent No.1 has no objection. Learned counsel for the appellant has suggested name of Mr. M.C. Mehta, Superintending Engineer (Retd.), Government of Rajasthan, House No.490, Kamla Nehru Nagar, Jodhpur (Rajasthan), whereas learned counsel for respondent No.1 has suggested name of Mr. Bhaskar Anand, Project Manager, Isolux Corsan India Engineering & Construction, Block No.218-220, opposite Doordarshan Tower, Sachin Palsona Road, Sachin, Surat, Gujrat. Let both the aforesaid persons nominated by the parties, carry out the measurement of the work completed at the site till date and prepare a report. With the aforesaid understanding of the parties, the present appeal is disposed of. A copy of this order be given dasti to the learned counsel for the parties under signature of Bench Secretary. (RAJESH BINDAL) JUDGE 08.04.2011 sharmila