Arbitration Case No.111 of 2010 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Arbitration Case No.111 of 2010 Date of decision: October 14, 2011. M/s Lamba Construction Company ... Petitioner v. The Haryana State Agriculture Marketing Board & Anr. ... Respondent(s) CORAM: HON'BLE MR. JUSTICE HEMANT GUPA Present: Shri Sandeep K. Sharma, Advocate, for the petitioner. Shri J.P. Bhatt, Advocate, for the respondents. Hemant Gupta , J. (Oral): The petitioner has sought appointment of an arbitrator in the present petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (for short the Act). As per the petitioner, the parties entered into an agreement on 7.3.2007 for providing CC pavements on internal roads and CC ramps on common/individual platform in the New Grain Market at Rewari. As per the petitioner, he completed the work on 5.10.2009 but the payments have not been released. The petitioner has raised a dispute by submitting a Notice of Demand dated 18.3.2010 (Annexure P-15) but the respondents have failed to appoint an arbitrator in terms of Clause 25A of the agreement, therefore, the petitioner invoked the jurisdiction of this Court for appointment of an arbitrator. Arbitration Case No.111 of 2010 -: 2 :- In the written statement filed on behalf of the respondents, it was asserted that the petitioner has filed a civil suit which is pending and, therefore, the petitioner cannot seek appointment of an arbitrator. The petitioner filed copy of the plaint of the said civil suit as Annexure P-16 and also made a statement on 23.9.2011 that the said civil suit has been withdrawn. The petitioner has filed a suit for declaration challenging imposition of penalty under clause 2 of the contract agreement. After hearing learned counsel for the parties, I am of the opinion that the disputes between the parties, arising out of the agreement, are required to be decided by an arbitrator, including the issue whether the penalty could be levied upon the petitioner and also the effect of filing of the civil suit and its withdrawal. Such disputes are, therefore, referred for adjudication. Consequently, Shri M.R. Batra, resident of House No.74, Sector 11, Faridabad, is appointed as an Arbitrator. He shall be entitled to fee as per the Punjab & Haryana High Court (Arbitrators' Panel & Fees) Rules, 2011, to be shared initially equally by the parties. The petition stands disposed of. October 14, 2011. [ Hemant Gupta ] kadyan Judge