Arbitration Case No. 61 of 2009 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Arbitration Case No. 61 of 2009 Date of Decision: 3.5.2010 Ansal Properties & Infrastructure Ltd. ..Petitioner Versus Dr. Surinder Kaur ..Respondent CORAM: HON'BLE MR. JUSTICE MUKUL MUDGAL, CHIEF JUSTICE 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present :- Mr. Tribhuvan Dahiya, Advocate, for the petitioner. Mr. P.S.Rana, Advocate for the respondent. *** MUKUL MUDGAL, C.J. (Oral) 1. This petition has been filed by the petitioner under Section 11(6) of the Arbitration & Conciliation Act, 1996 (for short ' the Act), for appointment of a sole Arbitrator to adjudicate upon the disputes between the parties. 2. Clause 17 of the agreement contains the Arbitration Clause which reads as under:- “That in the event of any dispute arising between the parties relating to this agreement or any part thereof the same shall be referred to the arbitration of a sole arbitrator appointed by both the parties. Upon the parties Arbitration Case No. 61 of 2009 [2] failing to agree to the appointment of a sole arbitrator, the same shall be referred to the arbitration of two arbitrators one to be appointed by each of the parties hereto and the arbitrators so appointed shall appoint and Umpire before entering upon reference who shall act as the Presiding Officer. The arbitration shall be held in accordance with the Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The venue of the Arbitration shall be at New Delhi.” 3. As per arbitration clause, in the event of any dispute arising out between the parties relating to the agreement or any part thereof, the same shall be referred to the arbitration of a sole Arbitrator appointed by both the parties and in default of such mutual agreement both the parties shall appoint one arbitrator each and both the arbitrators shall appoint one presiding arbitrator (umpire). The pleadings set up in the petition shows that though a dispute arose but mutual agreement could not be arrived at for referring the same to the sole Arbitrator. The petitioner appointed Justice A.P.Chowdhry, a former Judge of this Court as its Arbitrator whereas the respondent did not appoint her Arbitrator, with the result the adjudication of the dispute could not take place. 4. Upon notice, the respondent put in appearance and filed her written statement. At the threshold of the arguments, Mr. Rana appearing for the respondent states that respondent shall appoint her Arbitrator if the time is granted for the purpose. 5. In view of the fair concession extended by Mr. Rana, the respondent is directed to appoint her Arbitrator within a period of four weeks from today. The Arbitrators appointed by the respective parties shall appoint the Presiding Officer as per clause 17 of the agreement within a period of eight weeks from today. In the meanwhile, the Arbitration Case No. 61 of 2009 [3] parties will exchange the statement of claims and response thereof. The statement of claims be supplied to counsel for the respondent within four weeks and response to the statement of claims shall be supplied to the counsel for the petitioner within four weeks thereafter. The parties shall appear before the Arbitral Tribunal on 4.10.2010 or on an agreed date convenient to the parties but not later than a fortnight from the date of exchange of pleadings as directed aforesaid. The Arbitral Tribunal shall dispose of the reference not later than six months from the date of first appearance of the parties. In case, the respondent fails to appoint her Arbitrator, the petitioner shall be entitled to move this Court for appointment of a sole Arbitrator to adjudicate upon the dispute between the parties and in that eventuality, the respondent shall loose her right to oppose the appointment of the sole Arbitrator being made by this Court. With these directions, this petition stands disposed of. (MUKUL MUDGAL) CHIEF JUSTICE 03.05.2010 'ravinder'