FAO No.1153 of 2009 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** FAO No.1153 of 2009 (O&M) DATE OF DECISION: 06.07.2010 **** M/s Vishal Enterprises Safidon Mandi, Tehsil Safidon, District Jind . . . . Appellant VS. Haryana Agro Industries Corporation Ltd., Jind . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.C.B Goel, Advocate for the appellant. Mr.Pankaj Gupta, Advocate for the respondent. **** RAKESH KUMAR JAIN J. (ORAL) Mr.Pankaj Gupta, Advocate appearing on behalf of the respondent-Corporation states, on the basis of instructions received from Managing Director, Haryana Agro Industries Corporation Ltd., that the Corporation would have no objection if this Court set aside the order dated 7.2.2009 passed by the Civil Court by which objection filed by the appellant under the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) has been dismissed as also the Arbitral Award dated 11.4.2005 in which the appellant was proceeded against ex parte and the matter may be remanded back to the Arbitrator to decide it afresh. He has also instructions to say that the appellant may file reply to the claim set up by the Corporation before the Arbitrator along with documentary evidence, which shall be taken into consideration by the Arbitrator before taking decision. The aforesaid statement satisfies the learned counsel FAO No.1153 of 2009 (O&M) - 2 - for the appellant and in view thereof, order dated 7.2.2009 passed by the Additional District Judge, Jind and Arbitral award dated 11.4.2005 passed by the Arbitrator is hereby set aside and the matter is remand back to the Arbitrator for deciding it afresh after taken reply and evidence, in accordance with law. Parties are directed to appear before the Arbitrator on 12.8.2010. Disposed of. (RAKESH KUMAR JAIN) 06.07.2010 JUDGE Vivek