FAO No.5020 of 2008 (O&M) -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5020 of 2008 (O&M) Date of decision:06.10.2010. M/s Gobind Rice & General Mills and another ...Appellants Versus Punjab State Warehousing Corporation and others ....Respondents CORAM: HON’B LE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Sushil Saini, Advocate, for the appellants. Mr. S.C.Pathela, Advocate, for the respondents. ***** RAKESH KUMAR JAIN, J. (ORAL) This appeal is at the instance of Miller against the arbitral award dated 03.09.2003 and the order passed by the learned District Judge, Gurdaspur dated 19.08.2008 passed under Section 34 of the Arbitration and Conciliation Act, 1996 [for short “the Act”], in which it is, inter alia, alleged that the dispute is basically relating to the late milling which, according to Clause 6 of the agreement, is to be decided by the Managing Director of the Punjab State Warehousing Corporation [for short “Corporation”] whose decision shall be final in this regard and the Arbitrator had no jurisdiction to decide this issue as it falls within the definition of excepted matter. At the very outset, learned counsel for the respondents has submitted that the arbitral award as well as the order of the Court below may be set aside and liberty may be granted to the Managing Director of FAO No.5020 of 2008 (O&M) -2- ***** the Corporation to decide this question of late milling in terms of Clause 6 of the agreement. Learned counsel for the appellants has also agreed to this proposal. In view thereof, the arbitral award dated 03.09.2003 and the impugned order dated 19.08.2008 of the Court below is hereby set aside and liberty is granted to the Managing Director of the Corporation to take a decision in respect of the late milling in terms of the agreement. The Managing Director of the Corporation is at liberty to start the proceedings as and when he so desires. This appeal is disposed of accordingly. October 06, 2010. (RAKESH KUMAR JAIN) vinod* JUDGE