Arbitration Case No. 118 of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Arbitration Case No. 118 of 2007 Date of Decision: 12.9.2008 M/s Prolink Engineers & Builders ..Petitioner versus Executive Engineer, Provincial Division & another ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE Present : Mr. Kul Bhushan Sharma, Advocate for the petitioner Mr. Rameshwar Malik, Addl. A.G. Haryana **** T.S.Thakur, C.J.(Oral) I have heard learned counsel for the parties at some length. Even though, a list of four retired Chief Engineers has been furnished by counsel for the petitioner to enable this Court to pick one out of them as an Arbitrator, I am of the opinion that it would be more appropriate to appoint Justice A.L.Bahri, a former Judge of this Court as a sole Arbitrator to adjudicate upon the disputes between the parties. The appointment already made by the respondents in terms of communication dated 18.1.2008 having come after the filing of the present petition must be deemed to be of no legal consequence in the light of the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 and the decision of the Supreme Court in Datar Switchgears Ltd. V. Tata Finance Ltd. and another, (2000) 8 SCC 151. As a matter of fact, this Court has relying upon M/s Shiv Shankar Construction Limited Vs. The Engineer-in-Chief and others decided on 23.4.2007 and M/s Indane Cables Vs. P.S.E.B. decided Arbitration Case No. 118 of 2007 2 on 29.1.2008 already made an observation to that effect in its order dated 28.7.2008 passed in Arbitration Case No. 119 of 2007. I accordingly allow this petition and direct reference of all the disputes between the parties for adjudication to the sole arbitration of Justice A.L.Bahri, former Judge of this Court. The Arbitrator shall be free to fix his fee keeping in view the claim amount as also the time that he would require to adjudicate upon the same. Parties are directed to appear before the Arbitrator on 01.10.2008 for further directions. No costs. (T.S.THAKUR) CHIEF JUSTICE 12.09.2008 'ravinder'