IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 5392 of 2006 Date of decision : October 09, 2009 District Food and Supplies Controller, Ferozepur .......Appellant Versus M/s. Ganesh Trading Company ........Respondent CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR Present : Mr. Navdeep Sukhna, AAG Punjab for the appellant Mr. Gurinder Singh Bhandari, Advocate for the respondent NIRMALJIT KAUR, J. (ORAL) This is an appeal filed by the appellant challenging the order dated 8.8.2006 whereby the award dated 24.5.2002 passed by the Arbitrator was set aside on the ground that it is an excepted matter under Clause 5 and 6 of the Agreement and by holding that the decision with regard to the date, time, recovery, cost and interest @ 21 % is clearly provided in the agreement itself and as such aforesaid matter is not liable to be referred to the Arbitrator and the same was beyond the scope of arbitration clause and the proceedings before the Arbitrator were clearly liable to be terminated on this ground alone. Learned counsels for the parties do not dispute that the said question has already been judicially settled by the judgment rendered by Apex Court in the case of Food Corporation of India vs. Surendra, Devendra and Mahendra Transport Co., Punjab Law Reporter Vol. CXXXIII (2003-1) 843 as well as subsequent order passed by this Court in District Food and Supplies Controller, Moga vs. M/s. Aggarwal Rice Mills Baghapurana Distt. Moga, FAO No. 3521 of 2007 decided on 28.7.2009. In view of the same, learned counsel for the appellant states FAO No. 5392 of 2006 2 that their only grievance is that while setting aside the award the District Judge should have granted them liberty to approach Managing Director, Food and Supplies for adjudication of the said dispute in accordance with the agreement. Learned counsel for the respondent has no objection if the said prayer is allowed. Accordingly, the order dated 8.8.2006 passed by the District Judge, Ferozepur is modified and liberty is granted to the appellant to refer the matter to the Managing Director as per the agreement clause. The records shall be requisitioned from the Arbitrator by the Managing Director and the Managing Director shall accordingly proceed in accordance with law. Disposed off accordingly. (Nirmaljit Kaur) 09.10.2009 Judge reena