PUNJAB AND HARYANA HIGH COURT CHANDIGARH. *** Arbitration Case No. 77 of 2007. Date of decision: April 21, 2010. *** Creative Hi-Tech Builders and Enggs (P) Ltd. Versus Creative Hi-Tech Builders and Enggs (P) Ltd. *** Coram: Hon'ble Mr. Justice Mukul Mudgal, Chief Justice. *** 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? *** Present: Shri P.S.Rana, Advocate, for the petitioner. Shri Piyush Kant Jain, Advocate, for the respondents. *** Mukul Mudgal, CJ (Oral) 1. By filing the instant petition under Section 11 of the Arbitration and Conciliation Act, 1996, the petitioner has craved the indulgence of this Court for appointment of an Arbitrator to adjudicate the dispute between the parties arising out of contract agreement Annexure A-1. 2. Agreement Annexure A-1 contains arbitration clause which is reproduced as under:- '' All other disputes (including disputes referred to in Clause 13.2.1 which are not required by DBCT to be determined in accordance with clause 13.2) will be dealt with in the following manner. 13.3.1 After the expiration of 10 days from the issue of the written notice identifying the particulars of the dispute the issuer may notify the other party by written notice that it requires the dispute to be referred to arbitration and the dispute upon the issue of that -2- notice will be referred to arbitration. 13.3.2 Unless otherwise agreed by the parties the arbitrator will be appointed in accordance with the procedure as detailed below: The DBCT will send to the contractor a panel of three names of persons who shall be presently unconnected with the organization from the following categories of Arbitrators:- Retired High Court/Supreme Court Judges who have experience in Arbitration: Members of the Council of the Arbitration; Fellow of the Institute of Engineers, Fellow of institute of Architects; Eminent Retired Chief Engineer from PWD/PSU of good reputation and integrity; The Contractor shall on receipt of the names as aforesaid select anyone of the persons as Sole Arbitrator and communicate to DBCT within 15 days. DBCT shall appoint the said person as Sole Arbitrator. If Contractor fails to communicate within the prescribed period, DBCT shall make the selection and appoint him as Sole Arbitrator.'' 3. Upon notice the respondents put in appearance and filed a reply though controverting the grounds taken by the petitioner but today made a joint statement for appointment of arbitrator. 4. I am happy to note that both the parties have very fairly conceded that a retired Chief Engineer from PWD/B&R be appointed as an Arbitrator to settle the dispute between the parties. Accordingly, I appoint Shri S.P.Gupta, Chief Engineer (Retd), Panchkula as a Sole Arbitrator in this case. He shall fix his own fee. 6. In the meanwhile the parties will exchange the statements of claim and response thereto. The statement of claim be supplied to counsel for the respondents within four weeks and response to the statement of claim shall be supplied to the counsel for the petitioner within four weeks thereafter. The parties shall appear before the Arbitrator on July 19, 2010 or on an agreed date convenient to the parties but not later than a fortnight from July 19, 2010 after exchange of pleadings as directed aforesaid. The Arbitrator shall dispose of the reference not later than six months from the -3- first date of appearance of the parties. 7. With these directions, this petition and all other Misc. applications stand disposed of (Mukul Mudgal) April 21, 2010 Chief Justice Malik