IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arbitration Case No. 68 of 2009 Date of Decision: 19.5.2011 M/s Anjaniputra Builders Pvt. Ltd. .....Petitioner VERSUS Ajmer Singh and others ….Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri P.K. Gupta, Advocate, for the petitioner. Shri Harsh Aggarwal, Advocate, for the respondent. Hemant Gupta, J The petitioner has sought appointment of an Arbitrator in respect of the disputes arising between the parties out of an agreement between the parties out of an agreement dated 25.4.2006 in the present petition under Section 11 of the Arbitration and Conciliation Act, 1996. Vide the aforesaid agreement, the respondents have purportedly agreed to sell their land in favour of the present petitioner for a total sale consideration of Rs.1,44,05,000/-. A sum of Rs. 28,60,000/- is said to have been paid to the respondents as earnest money at the Arbitration Case No. 68 of 2009 time of execution of the agreement and the balance was to be payable at the time of execution of the sale deed, the date of which was fixed as 5.8.2006. There exists a dispute between the parties as to which party has failed to perform its part of the contract. The petitioner has served notice dated 30.3.2009 seeking resolution of disputes between the parties, by an Arbitrator. In the said notice, the petitioner has suggested certain names, who could be appointed as an Arbitrator with the consent of the respondents. In reply to the said notice, the respondents suggested some other names. Since the parties could not arrive at a consensus in respect of an Arbitrator, therefore, the present petition has been filed. As mentioned above, there exists dispute(s) between the parties and the parties have not been able to agree to resolve all disputes by an agreed Arbitrator. Therefore, in view of the said fact, Shri S.K. Chopra, District & Sessions Judge (Retd.), resident of House No. 243, Sector 10, Panchkula, is appointed as an Arbitrator, to adjudicate upon the disputes between the parties. The learned Arbitrator may fix his fee in consultation with the parties on the first date of hearing. The parties shall be at liberty to approach this Court, for any clarification, if required, on the matter of fee. 19.5.2011 (Hemant Gupta) preeti Judge [ 2]