PUNJAB AND HARYANA HIGH COURT CHANDIGARH. *** Arbitration Case No. 200 of 2006. Date of decision: April 21, 2010. *** The Ved Ashri Gate, Pindara Ghati Coop. L/C Society Ltd. Versus The Haryana State Coop. Labour and Construction Federation Ltd. And others. *** Coram: Hon'ble Mr. Justice Mukul Mudgal, Chief Justice. *** 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? *** Present: Shri Manvender Rathee, Advocate,for the petitioner. Shri Pardeep Solath Advocate, for the respondents. *** Mukul Mudgal, CJ (Oral) 1. This petition under Section 11 of the Arbitration and Conciliation Act, 1996, was initially filed before the District Judge, Jind on 18.10.2005 who after preliminary hearing issued notice to the respondents. The respondents put in appearance and filed their reply in which it was alleged that the petition filed by the petitioner was not maintainable because the the petitioner is a Cooperative Society registered under the Haryana Cooperative Societies Act, 1984 and under Section 102 of the Haryana Coop. Societies Act, 1984 if any dispute arises between the parties, the same shall be referred to the arbitration of Registrar of the Cooperative Societies. 2. When the petition was at the initial stage, in view of the decision of Constitutional Bench of the Supreme Court in M/S S.B.P & Co. Vs. M/S Patel Engineering Ltd. and other 2005(8) SCC 618, the District Judge, Jind transferred the matter to this Court for disposal. -2- 3. I have heard learned counsel for the parties and with their assistance perused the record. 4. There is a dispute between the two cooperative societies in respect of construction activities. As per Section 102 of the Haryana Cooperative Societies Act, 1984,the arbitrator is to be appointed by the Registrar, Haryana Cooperative Societies. This fact is not disputed by counsel for the parties. It is submitted that the Registrar, Cooperative Societies was approached but the arbitrator was not appointed, 5. With the consent of learned counsel for the parties, a direction is issued to the Registrar, Haryana Cooperative Societies to appoint an arbitrator not later than six weeks from today. 6. In the meanwhile the parties will exchange the statements of claim and response thereto. The statement of claim be supplied to counsel for the respondents within four weeks and response to the statement of claim shall be supplied to the counsel for the petitioner within four weeks thereafter. The parties shall appear before the Arbitrator to be appointed by the Registrar on July 19, 2010 or on an agreed date convenient to the parties but not later than a fortnight from July 19, 2010 after exchange of pleadings as directed aforesaid. The Arbitrator shall dispose of the reference not later than six months from the first date of appearance of the parties. 8. With these directions, the petition stands disposed of (Mukul Mudgal) April 20, 2010 Chief Justice Malik