CR No.1218 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.23976-C of 2009 & CR No.1218 of 2009 Decided on : 26.10.2009 Major Gen. Risal Singh ... Petitioner versus Partap Singh Sangwan & others ...Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. H.S.Lalli, Advocate for the petitioner. Mr. Y.P.Singh, Advocate for respondent No.1. Mr. H.S.Baidwan, Advocate for respondents No.3, 6, 7, 9 & 11. **** 1.Whether Reporters of local newspapers may be allowed to see the judgment? 2.To be referred to the reporters or not? 3.Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (ORAL) This petition has been filed for setting aside the order dated 28.08.2008 whereby the Trial Court has dismissed the application filed by the petitioner under Section 8 of the Arbitration and Conciliation Act, 1996. During arguments, the controversy between the parties has been considerably lessened. Learned counsel for the respondent states that since the main allegation is against the petitioner, it would not be appropriate to appoint him as an Arbitrator under the Arbitration Clause, even though he is named Arbitrator. Learned counsel for the petitioner has fairly stated CR No.1218 of 2009 -2- that he has no objection if any other person is appointed as an Arbitrator. The second contention of the learned counsel for the respondent is that as per the Arbitration Clause the Arbitrator would not have the jurisdiction to rule on the validity of the induction of the new trustees . On this, learned counsel for the petitioner has replied by saying that his client would accept that the appointed Arbitrator would have jurisdiction to go into all the questions raised by the respondent No.1 in the present civil suit. Both the counsel are agreed that Mr. Justice G.C.Garg (Retd.) be appointed as an Arbitrator to decide this case. Both the counsel have also agreed that they would abide by the fees quoted by the learned arbitrator in this regard. Consequently, this revision petition is allowed in the above said terms. The ld. Trial Court is directed to transmit the record of the suit through special messenger to Mr. Justice. G.C.Garg (Retd.), # 20, Sector 10, Chandigarh, on or before 10.11.2009 at the cost of the petitioner. Parties through counsel are directed to appear before the Arbitrator on 14.11.2009 at 11.00 am. Since the main case has been decided, all the pending civil miscellaneous applications, if any, stand disposed of. October 26, 2009 (AJAY TEWARI) sonia JUDGE