C.W.P.No.11860 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.11860 of 2010 Date of Decision:- 14.07.2010 Gurnam Singh and others ....Petitioner(s) vs. Arbitrator-cum-Commissioner, Jalandhar Division, Jalandhar and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.C.B.Goel, Advocate, for the petitioners. Ms.Reeta Kohli, Addl.A.G., Punjab, for the respondents. *** JASBIR SINGH, J. (Oral) This writ petition has been filed with a prayer that direction be issued to the respondents to supply a copy of the Award dated 12.4.2010 to the petitioners. On 8.7.2010, when notice of motion was issued, the following order was passed by this Court. “Notice of motion for 14.7.2010. On our asking Ms.Reeta Kohli, Addl. A. G., Punjab accepts notice on behalf of the respondents. Counsel for the petitioners is directed to supply her two copies of the writ petition during course of the day. C.W.P.No.11860 of 2010 -2- This writ petition has been filed with a prayer that respondent No.1 be directed to supply a copy of the award dated 12.4.2010 to the petitioners. It is stated by the petitioners that in response to letter Annexure P1, the petitioners went to deposit requisite amount towards costs of the arbitration, however, the drafts were not accepted by respondent No.2. The petitioners, thereafter made many attempts to get copy of the award passed, however, they failed. Even registered notice sent by them has failed to yield any result. From the facts of this case, it appears that very callous attitude has been adopted by the authorities in dealing with the general public. Such like attitude should be deprecated. The petitioners are directed to appear before respondent No.1 on 13.7.2010 and furnish bank drafts before him. The officer shall accept the bank drafts and then supply a copy of the award to the petitioners, if there is no legal hitch. If legally, it is not possible to accept the drafts and supply a copy of the award to the petitioners, a reasoned order be passed and a copy of the same be supplied to the petitioners forthwith. Adjourned to 14.7.2010. A copy of the order be given dasti to the State counsel for necessary compliance and also to counsel for the petitioners under signatures of Court Secretary of the C.W.P.No.11860 of 2010 -3- Bench.” In response to the notice issued, it has been stated before us by the State Counsel that in its award regarding payment of costs, the Arbitral Tribunal has mentioned as under:- “The cost of Arbitration deposited as advance by the petitioner is to be deducted from Rs.4100/- awarded as his share. The Arbitration Cost for Respondent would also be paid by the petitioner at the time of release of orders which he would recover from NHAI at the time of taking Award money. The two third share of cost awarded to respondent for its delayed response to file the reply.” It has further been stated that because the respondent (before the Tribunal) has not paid the amount of costs falling to its share, as per the award dated 12.4.2010, it was incumbent for the petitioners to pay that amount and then claim it from the respondent- NHAI. In our order dated 8.7.2010, we have specifically stated that if it was not possible to supply copy of the award to the petitioners on accepting the bank drafts for the amount shown in the notices issued to them, respondent No.1 may pass an order in that regard. Copy of the order has been placed on record. The above said reason has been stated therein also. In view of the order passed by the Arbitral Tribunal, the writ petition has become infructuous. This writ petition stands disposed of with an observation that if the petitioners make payment of amount of costs falling to the share C.W.P.No.11860 of 2010 -4- of NHAI also, a copy of the Award be released to them forthwith. Liberty is left with the petitioners to lay challenge to the order passed by the Tribunal on 13.7.2010 which has been taken on record today in Court. ( JASBIR SINGH ) JUDGE July 14, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE