IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arbitration Case No. 100 of 2007 Date of Decision: 23.1.2009 M/s J.S. Engineering Enterprises ...Petitioner Versus Chief Engineer TPSHPGC Ltd. ....Respondent Coram: Hon'ble Mr. Justice Hemant Gupta. Present: Shri Sachin Jain, Advocate, for the petitioner. Shri Guarav Mohunta, Advocate, for the respondent. HEMANT GUPTA, J (Oral). The petitioner has sought appointment of an Arbitrator, in pursuance of an Arbitration Clause contained in the general terms and conditions in respect of a contract for installation a tubewell in plant area in old PH Colony. A copy of the general terms and conditions, which are made part of the contract in terms of the tender (Annexure P.8) has been appended with the present petition. It has been averred in the petition that though the petitioner has completed work by 31.3.2004, but instead of making payment, the respondent sent a notice dated 15.4.2006. Thereafter, the petitioner sought appointment of an Arbitrator, in respect of the subject matter of disputed amount i.e. Rs.1,48,458/-. Learned counsel for the respondent has raised an argument that in terms of Clause 34(vii), the petitioner, who is a contractor, is required to deposit 3% of the total amount claimed by him. There is no challenge on behalf of the petitioner to the condition of deposit of cash security @ 3% of the total amount. Therefore, the present petition is allowed. The disputes between the parties are referred for adjudication, with the consent of the Arbitration Case No. 100 of 2007 (2) parties, to the sole arbitration of Shri K.C. Garg, SE (Maintenance) HPGCL, Faridabad. 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. However, before the Arbitrator takes cognizance of the dispute in terms of the present order, the petitioner shall deposit 3% of the amount claimed before the Arbitrator within a period of three months from today. 23-01-2009 (HEMANT GUPTA) ds JUDGE