Arbitration Case No.161of 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arbitration Case No.161of 2006 Decided on : 30-01-2009 Surjit Kaur ....Petitioner VERSUS Lakhwinder Kaur & others ....Respondents CORAM:-HON'BLE MR. JUSTICE HEMANT GUPTA. Present:- Mr. B.S. Jaswal, Advocate for the petitioners. Mr. Kamaljit Singh Sidhu, Advocate for respondents. HEMANT GUPTA, J The petitioner has sought appointment of an Arbitrator in respect of the dispute arising out of non-performance of agreement to sell dated 5.4.1999. Vide aforesaid agreement, the respondents, Surjan Singh and Dhira Singh have purportedly entered into an agreement of sale of land measuring 30 kanals 17 marlas in favour of the petitioner, Surjit Kaur on receipt of earnest money of Rs.1 lakh. The sale deed in pursuance of said agreement was to be executed on 05.01.2000. But, with the consent of the parties, the time for performance of the agreement was extended upto 22.03.2002. The notice dated 01.07.2002 served upon the respondents on 20.09.2002 to seek performance of the agreement, but on account of failure of the respondents to appoint an Arbitrator, the petitioner has invoked the jurisdiction of this Court for appointment of an Arbitrator. Since the dispute between the parties is required to be decided by Arbitration Case No.161of 2006 -2- an Arbitrator and the respondents have failed to appoint an Arbitrator, therefore, with the consent of the parties, Shri SMS Mahil, Retd. District Judge, R/o Flat No.9, HIG Flats, Mall Mandi, Amritsar 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