IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 06.04.2011 Arb. Case No.153 of 2010 Baba Budha Sahib Cardiac Centre Ltd. ...Petitioner Versus M/s National Insurance Co. Ltd. and others ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. P.S.Rana, Advocate, for the petitioner. M/s Samir Rathaur & Inderjit Sharma, Advocates for respondent No.2. Mr. Rakesh Verma, Advocate, for respondent Nos.3 & 4. HEMANT GUPTA, J. (ORAL) The petitioner has sought appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) in respect of disputes between the parties arising out of an Agreement dated 20.07.2008. The petitioner has also filed a civil suit for declaration and mandatory injunction, in which respondent No.2 has filed an application for stay of proceedings under Section 8 of the Act in view of the arbitration clause in the aforesaid Agreement. Arbitration clause between the parties reads as under: “14.2 Any dispute, difference or question arising from this agreement shall be discussed between the parties and resolved amicably. If any amicable solution cannot be reached within Arb. Case No.153 of 2010 90 days either party shall have the right to have the said dispute settled by arbitration in accordance with the Indian Arbitration Act and the venue of the Arbitration shall be Chandigarh.” Learned counsel for respondent No.2 has pointed out that respondent No.2 has entered into an agreement for and on behalf of respondent No.1, therefore, there is no dispute of the petitioner with respondent No.2, which could be referred for adjudication by an Arbitrator. The question; whether respondent No.2 has any liability of its own or as an agent of respondent No.1, is also a dispute, which is required to be decided by an Arbitrator. In view of the above and the fact that the parties have not agreed for an Arbitrator, therefore, Hon’ble Mr. Justice R.K.Nehru (Retd.), resident of H.No.1704, Sector-4, Panchkula (Haryana), is appointed as an Arbitrator to adjudicate upon the disputes between the parties. The Arbitrator shall be free to fix his fee in consultation with the parties with liberty to the parties to seek directions, if any required, in the matter of fee. 06.04.2011 (HEMANT GUPTA) Vimal JUDGE 2