Arbitration Case No.233 of 2006 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arbitration Case No.233 of 2006 Date of Decision: 23.1.2009 M/s Sahil Builders ...Petitioner Versus Bharat Sanchar Nigam Limited and another ....Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA. Present: Shri S.K. Singla, Advocate, for the petitioner. None for the respondent. HEMANT GUPTA, J (Oral). The petitioner has filed the present petition under Section 11 (6) of the Arbitration and Concilation Act, 1996 (for short `the Act') for appointment of an Arbitrator in terms of Clause 28 of the agreement dated 29.7.2003. The said agreement is in respect of the execution of the work of upgradation of an outdoor plant in the area of SSA, Jalandhar. The agreement arises out of a tender invited by the respondents vide letter No. CW-9226/Tender/Upgrad/03-04/JL/Sec-J-5. The acceptance to the rates specified by the petitioner was conveyed to the petitioner vide letter No.CW-9226/Tender/Upgrad/03-04/JL/Sec-J-5/26 dated 21.7.2003 and in pursuance of such communication, the agreement dated 29.7.2003 was executed between the parties. The petitioner claims a sum of Rs.5.5 lacs and the security amount from the respondents on the ground that the petitioner has executed the contract successfully. In reply, it has been pointed out that the agreement relied upon by the petitioner is in respect of another contract and not in Arbitration Case No.233 of 2006 (2) respect of which the petitioner has filed the present petition. According to the petitioner the contract was for upgradation of outdoor plant which includes laying of optical fibre network and that there is no other agreement between the parties, except the agreement appended with the petition and the claim of the petitioner arises out of the aforesaid agreement dated 29.7.2003 only. The question whether the laying of optical fibre cable in respect of which the petitioner claims to have executed/completed the work, is part of the agreement relied upon by the petitioner or the same is an independent contract, is also a dispute which is required to be decided by an Arbitrator. The dispute whether the petitioner is entitled to any amount in pursuance of execution of work allegedly executed in pursuance of the said agreement, is also a matter, which is required to be decided by an Arbitrator. Therefore, the present petition is allowed. The disputes between the parties are ordered to be referred for adjudication to the sole arbitration of Shri M.S. Lobana, Retired District Judge, Punjab, resident of House No. 78, Sector 27-A, Chandigarh. 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. Parties are directed to appear before the Arbitrator on 2.3.2009 for further proceedings. 23-01-2009 (HEMANT GUPTA) ds JUDGE