IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 26.08.2011 Arb. Case No.182 of 2006 Nandpur Cooperative Labour & Construction Society Ltd. …Petitioner Versus Punjab State and others …Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Veneet Sharma, Advocate, for the petitioner. Mr. Deepak Thapar, Advocate, for the respondents. HEMANT GUPTA, J. (ORAL) The petitioner has sought appointment of an Arbitrator to resolve the disputes arising out of the contracts allotted to the petitioner. Earlier the present petition was dismissed holding that the petition is beyond the period of limitation on 06.02.2009, but the said order was recalled, as it was pointed out that there is extension in period of limitation on account of part payment by the respondent-Municipal Corporation. In the reply now filed, the respondents have again raised a plea that the claim of the petitioner is barred by limitation and that the claim of the petitioner is not maintainable, as the petitioner has already invoked the jurisdiction of the Civil Court. Arb. Case No.182 of 2006 The questions; whether the claim of the petitioner is barred by limitation as also whether the claim before the Arbitrator is maintainable or not are the disputed questions of fact. Therefore, all disputes between the parties including the questions of limitation as well as of maintainability of the claim are required to be decided by an Arbitrator. Consequently, Mr. A.K.Katari, Additional District Judge (Retd.) resident of H.No.145, Phase 3B I, Sector 60, Mohali is appointed as an Arbitrator. The Arbitrator shall be entitled to fix his own fee which shall not exceed the fee as per the Punjab & Haryana High Court (Arbitrators’ Panel & Fee) Rules, 2011. Disposed of. 26.08.2011 (HEMANT GUPTA) Vimal JUDGE 2