IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. 3775 of 2009 Date of decision : 30-07-2009 Municipal Council, Rohtak ........Appellant The Pooja Cooperative Society Ltd. ........Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR PRESENT: Mr. Raman B. Garg, Advocate for the appellant. NIRMALJIT KAUR, J. (ORAL) Learned counsel for the appellant states that the District Judge, Rohtak could not have passed the order, directing the Municipal Council to dispose of the final bills submitted by the applicant within a period of three months and also could not further order that if any question or objection whatsoever arises in any way, the dispute should be referred to the Arbitration in terms of clause 24 of the agreement entered into between the parties. Learned counsel for the appellant further states that he is aggrieved with this order as it is a direction to pay the final bills and the same should be clarified. However, on a specific query by the Court that if any amount is pending, learned counsel for the appellant replied in the affirmative but submitted that amount is also due from the respondents and that penalty too has to be recovered from the respondents. Learned counsel for the appellant further states that the F.A.O. No. 3775 of 2009 -2- appellant had asked the contractor to produce the bills so that the same could be audited and the amount could be released but he did not deposit the said bills. In view of the facts as narrated, word by word, by learned counsel for the appellant, it is obvious that the final bills of the respondent Contractor have yet to be cleared as the same were not cleared because the Contractor did not deposit the said bills. It also appears that the appellant is claiming some amount as due towards the Contractor. This shows that there is a dispute. It is also not denied that there is an agreement between the parties with clause 24 which permits appointment of an Arbitrator in case of dispute. In view of this, I do not find anything illegal or wrong in the order, having been passed by the District Judge, Rohtak to the effect that pending amount be cleared and if there is any question or objection, the matter be referred to the Arbitrator. The appeal is, accordingly, dismissed. (NIRMALJIT KAUR) JUDGE July 30, 2009 gurpreet