Arbitration Case No.34 of 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arbitration Case No.34 of 2006 Decided on : 30-01-2009 Balbir Singh & another ....Petitioners VERSUS Tilak Raj Jain & others ....Respondents CORAM:-HON'BLE MR. JUSTICE HEMANT GUPTA. Present:- Mr. D.S. Patwalia, Advocate for the petitioners. Mr. Amit Jain, Advocate for respondent No.2. HEMANT GUPTA, J The present application is for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996(hereinafter referred to as 'the Act') arising out of an agreement to sell dated 25.12.2001 in respect of sale of SCO No.1001, 1002 and 1003, Sector 22B, Chandigarh. The petitioners are one of the co-owners of the aforesaid property, which was agreed to be sold for a total consideration of Rs.1,15,00,000/- The sale deed in pursuance of the said agreement could not be executed between the parties on account of non-issuance of No Objection Certificate for the sale of such property by Chandigarh Administration. According to the petitioners, the dispute falls within the Clause 11 of the agreement and therefore, the matter is required to be referred to an Arbitrator, whereas as per respondents, the dispute falls within the Clause 12 of the agreement and therefore, the matter does not require adjudication by an Arbitrator. Arbitration Case No.34 of 2006 -2- The fact whether the matter falls within the Clause 11 or Clause 12 of the Agreement is in itself a dispute and requires adjudication. Therefore, the dispute between the parties in respect of performance of respective obligations of the parties under the said agreement to sell is required to be decided by an Arbitrator. In view of the said fact, with the consent of the parties, Shri B.R. Gupta, Retd. Additional District Judge, R/o # 587, Sector 8-B, Chandigarh, is appointed as an Arbitrator to adjudicate the dispute between the parties. The Arbitrator shall be free to fix his fee keeping in view the claim amount as also the time required to adjudicate upon the same. Parties through counsel are directed to appear before the Arbitrator on 23.03.2009 for further proceedings. (Hemant Gupta) Judge 30th January, 2009. monika