PUNJAB AND HARYANA HIGH COURT, CHANDIGARH. *** Arbitration Case No. 1 of 2006. Date of decision: March 22, 2010. *** M/S Phulwari Landscapes Versus State of Punjab. *** CORAM: Hon'ble Mr. Justice Mukul Mudgal, Chief Justice. *** 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? *** Present: Shri Sameer Sachdev, Advocate, for the petitioner. Ms. Madhu Dayal, Addl: A.G.Punjab, for the State of Punjab. Shri Amit Dhawan, Advocate, for the Trust. *** Mukul Mudgal, CJ (Oral) In this petition filed under Section 11(6) of the Arbitration and Reconciliation Act, 1996, the petitioner has prayed for appointment of an Arbitrator to settle the dispute between the parties. Upon notice of motion, learned counsel for the respondents put in appearance and controverted the averments made in the petition. I have heard learned counsel for the parties and perused the record. A perusal of the agreement shows that there is a clause which reads as under:- '' In case of any dispute between both the parties the matter shall be referred to Principal Secretary, Local Govt. Punjab, Chandigarh whose decision shall be final and binding upon the parties''. -2- Arb.No. 1 of 2006 In my view the above clause does not refer to the appointment of an Arbitrator but it provides that in case of dispute, the matter shall be referred to the Principal Secretary, whose decision shall be final. In this view of the matter, the grievance of the petitioner cannot be remedied under Section 11(6) of the Act ibid. The contention of learned counsel for the petitioner is that the Principal Secretary to Local Government, Punjab, Chandigarh has not decided the representation made by the petitioner. I am of the view that whatever may be the effect of the representation made by the petitioner to the Principal Secretary with regard to the dispute that cannot be construed to be an arbitration clause. So far as non decision of representation is concerned, that issue cannot be gone into while exercising jurisdiction under Section 11(6) of the Arbitration & Conciliation Act, 1996. Accordingly, the petition fails and is dismissed. It will be open to the petitioner to avail such remedy as may be available to it in law in respect of its representation. March 22, 2010 (Mukul Mudgal) Malik Chief Justice