Arbitration No.108 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arbitration No.108 of 2007 Decided on : 06-02-2009 M/s Santosh Hitech ....Petitioner VERSUS B.S.N.L. and others ....Respondents CORAM:-HON'BLE MR. JUSTICE HEMANT GUPTA. Present:- Mr. Naresh Kaushik, Advocate for the petitioner. None for the respondents. HEMANT GUPTA, J The petitioner has sought appointment of an Arbitrator by moving an application under Section 11 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'). The respondents invited the tender on 07.07.2005 for electronic components for use of Regional Repair Center C-DOT, Jalandhar. The offer of the petitioner was accepted. An agreement dated 26.09.2005 was executed between the parties, whereby the respondents placed an order for purchase of electronic components for total amount of Rs.1, 42,085/-. As per the petitioner, it supplied the electronic components, but dispute arose in respect of the payment thereof, for which the petitioner served a notice on 9.11.2006. The respondents did not appoint the Arbitrator nor responded to the notice. Even the reminder to the legal notice, was not responded. Arbitration No.108 of 2007 -2- The dispute between the parties is required to be decided by an Arbitrator in terms of the Clause 8 of the agreement (Annexure P-1), which reads as under:- “ In case of dispute, the case shall be referred to Pr.GMT/D. Jalandhar. He may fix arbitrator, whose decision will be binding on both the parties i.e. BSNL and the supplier.” A perusal of the record shows that the Personnel General Manager, Telephones, District Jalandhar of the respondent has not appointed an Arbitrator, even though notice dated 05.03.2007 was served upon the said respondents under the Registered post. The petitioner has also attached another notice sent by Register Post on 05.05.2007. In view of the agreement containing arbitration clause and the dispute in respect of non-payment of the components supplied by the petitioner, the matter between the parties is referred for adjudication to the sole arbitration of Shri A.K. Sharma, Retd. District Judge, R/o H.No. 41, Indsor Park, Near D.A.V. Engineering College, Jalandhar. The Arbitrator shall be free to fix his fee keeping in view the claim amount as also the time that he would require to adjudicate upon the same. Parties are directed to appear before the Arbitrator on 23.03.2009 for further proceedings. (Hemant Gupta) Judge 6th February, 2009. monika