Arbitration Case No.43 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Arbitration Case No.43 of 2010 (O&M) Date of Decision: 18.5.2011 M/s Amravati Infrastructure Developers Ltd. .....Petitioner Vs. The Chief Administrator, PUDA and another ....Respondents .... CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA **** Present : Mr. P.S. Rana, Advocate for the petitioner. Mr. Kamaljeet Singh, Advocate for Mr. R.S. Khosla,Advocate for respondents no.1 and 2. .... HEMANT GUPTA, J (Oral) CM No.12915-CII of 2011 Application is allowed. Written statement on behalf of the respondents is taken on record. Arb. Case No.43 of 2010 The petitioner was allotted a commercial site on 16.11.2005 One of the condition of allotment was that possession of the site would be handed over to the petitioner within 60 days of the issue of letter of allotment. The petitioner was to complete construction within 3 years. The grievance of the petitioner is that on the site, two rooms of PWD Department were in existence and in such rooms, the material of the department was lying, therefore, the petitioner has suffered damages for its Arbitration Case No.43 of 2010 2 inability to raise construction. The petitioner has sought appointment of an arbitrator vide notice dated 8.4.2008. Since the arbitrator was not appointed, the present petition was filed before this court on 23.3.2010. In reply, the stand of the respondents is that the allotment of the plot was on as is where is basis and that respondents would not be responsible for levelling of site or removing the structures, if any, thereon. It is also pointed out that the construction was started without any request on behalf of the party for removal of the garages/rooms situated in one corner of the plot, which clearly proves that the same did not hamper any construction activity which had to be undertaken at the site. It is further pointed out that such two rooms were removed on 23.3.2006 and the delay in construction was not attributable to the respondents. It is also pleaded that this court is competent to appoint any person as a sole arbitrator. Dispute exist between the parties. In terms of arbitration clause, such disputes are to be decided by an arbitrator. Therefore, Justice R.N. Aggarwal, Retired Chief Justice of Delhi High Court, H.No.60, Sector 4, Chandigarh, is appointed as an arbitrator. The learned Arbitrator shall be free to fixed his fee in consultation with the parties. The parties shall be at liberty to approach this court for any clarification, in case need so arises. 18.5.2011 ( HEMANT GUPTA ) GS JUDGE