IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 2057 of 2008 (O&M) Date of decision : August 18, 2009 M/s. Bharat Rice Mills and others Appellants Versus The Punjab State Civil Supplies Corporation Ltd. (PUNSUP) and others Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR Present : Mr. S.P. Garg, Advocate for the appellants Mr. C.S. Bakshi, Advocate for respondents No. 1 and 2 NIRMALJIT KAUR, J. (ORAL) Learned counsel for the appellants while challenging the award as well as order dated 19.3.2008 passed by the Addl. District Judge, Chandigarh submits that the dispute herein was with respect to the shortage and delay of the rice to be delivered by the miller. It is further stated that the said dispute is covered by clause 8(iii) and clause 22 of the agreement. On reading of both the clauses, it is apparent that the dispute was to be decided by the MD himself and there was no need to refer the same to the Arbitrator and as such the Arbitrator had no jurisdiction to decide the same. Various judgments of the Apex Court and our High Court have been relied on to substantiate his arguments. Learned counsel for the respondents, however, while rebutting the said argument states that the said objection to the appointment of the Arbitrator was never raised by the appellants either at the time of the appointment of the Arbitrator or while challenging the said award before the Addl. District Judge under Section 34 of their application. As such, the said objection can not be raised for the first time before this Court. At this stage, both the learned counsel for the parties agree that the matter should be remanded back to the Addl. District Judge for adjudicating on the said question raised above. FAO No. 2057 of 2008 2 In view of the statements made by learned counsel for the parties, order dated 19.3.2008 is set aside and the Addl. District Judge, Chandigarh is directed to decide the same afresh after adjudicating on the question now being raised before this Court i.e. Whether the matter in dispute was within the jurisdiction of the Arbitrator or not ? Learned counsel for the parties are free to make their submissions before the Addl. District Judge as raised before this Court and any observation made herein shall not affect the decision. The parties are directed to appear before Addl. District Judge, Chandigarh on 22.9.2009 and the same shall be decided within one month from the date of appearance before the Court. Disposed off accordingly. A copy of the order be given dasti. (Nirmaljit Kaur) 18.8.2009 Judge reena