F.A.O No.5019 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. F.A.O No.5019 of 2009 Date of Decision: 15.10.2009 M/s Kalsi Engineering Works ....Appellant Versus Union of India & Ors. ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Arun Kumar Bakshi, Advocate for the appellant. ***** 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 ? ** NIRMALJIT KAUR, J. This is an appeal against the order dated 18.07.2009 passed by Additional District Judge, Jalandhar, vide which, the award dated 23.09.2003 has been partly modified and the findings regarding 100 electrodes regarding which bills were not submitted, was held to be beyond reference and was, accordingly, set aside and rest of the award was upheld. Dissatisfied with the same, the present appeal has been filed. F.A.O No.5019 of 2009 2 While challenging the same, learned counsel for the appellant submitted that the trial Court had failed to appreciate that even the unilateral appointment itself of the Arbitrator Dharminder Kumar was wrong and illegal. The appellant had filed an application on 09.04.2002 in the Court of Civil Judge (J.D.) Jalandhar for revoking the Authority of earlier Arbitrator Sh. Rakesh Behl and for appointment of another Arbitrator not connected with respondents. In those proceedings, respondents appeared and filed a reply. The matter was pending for 22.01.2004 for filing replication by appellant. This application is still pending, when vide letter dated 12.03.2003, as appellant came to know later on, all of a sudden, without any court permission, without taking appellant into confidence, respondents acting arbitrarily, illegally, appointed Dharminder Kumar as new Arbitrator. Vide letter dated 07.04.2003 (Exhibit P-8) and later vide letter dated 05.06.2003 (Exhibit P-11) respondents as well as Arbitrator Dharminder Kumar himself was requested to stop arbitration proceedings as the matter for appointment of fresh Arbitrator is still pending before Civil Judge (J.D.) Jalandhar. There is no merit in the argument of learned counsel for the appellant, in as much as, the appellant-petitioner had themselves moved an application for revoking the Authority of earlier Arbitrator Sh. Rakesh Behl and for appointment of another Arbitrator. Thus, it is on their request, another gazette officer Sh. Dharminder Kumar, Deputy Chief Mechanical Engineer (M&P), Rail Coach Factory, Kapurthala, was appointed as an arbitrator as per the provisions of IRS conditions of the contract. Thus, their prayer in the application that another arbitrator should be appointed, was accepted in toto. Thus, no grievance can be said to have been caused to the appellant, especially when the Additional District Judge, Jalandhar, vide order dated 18.07.2009 has already set aside the findings of the F.A.O No.5019 of 2009 3 award regarding 100 electrodes for which the bills were not submitted, being beyond reference. The appeal is, accordingly, dismissed. (NIRMALJIT KAUR) 15.10.2009 JUDGE gurpreet