IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4210 of 2005 Date of decision:20.05.2009 Punjab Water Supply and Sewerage Board, Chandigarh and others ...Petitioners versus M/s Shiva Enterprises ...Respondent CORAM: HON'BLE MR. JUSTICE K.KANNAN Present: Mr.Binderjit Singh, Advocate, for the petitioners. None for the respondent. ----- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? K.Kannan, J.(Oral) 1. The revision is against the petition filed by the defendant in the suit for staying the proceedings and for reference to arbitration. The fact that the agreement between the parties contained an arbitral clause, is not denied. The petition was that the suit related to the recovery of amount for extra work required to be done and therefore the arbitral clause could not be invoked. This objection was sustained by the trial Court and the defendant is in revision against this order. 2. I have read clause 25 which contains an arbitral clause which reads as follows:- “ i) If any dispute or difference of any kind whatsoever shall arise between the PWSSB its authorized Civil Revision No.4210 of 2005 - 2 - representative and the contractor in connection with or arising out of this contract or the execution of work thereunder. ii) ...................................... iii) ...................................... iv) If the Engineer-in-charge fails to convey his decision within a period of sixty days after being requested as aforesaid the contractor may within further sixty days of the expiry of the first sixty days from the date on which the said request was made by the contractor refer the dispute for arbitration as hereinafter provided. v) All disputes or differences in respect of which the decision is not final and conclusive shall at the request of either party made in a communication sent through registered A.D. post be referred to the sole arbitration of the Superintending Engineer of the circle concerned in the PWSSB acting as such at the time of reference unless debarred from acting as an Arbitrator by an order of the MD, PWSSB/Court, in which event, the MD shall appoint any other technical officer not below the rank of Superintending Engineer to act as an arbitrator on receipt of a request from either party. vi) ...................................... vii) ...................................... viii) ...................................... ix) The provisions of the Indian Arbitration Act 1940 or any other statutory enactment thereunder or modification thereof and for the time being in force shall apply to the arbitration proceedings under this clause.” Civil Revision No.4210 of 2005 - 3 - 3. In view of the specific provisions relating to resolution of dispute through arbitration, it shall be impermissible for the trial Court to allow the proceedings to continue. The petition filed by the defendant before the Court ought to have therefore allowed staying the proceedings and referring the matter to the Arbitrator who shall be duly appointed as per the terms of the agreement. The order of the Court below is under the circumstances set aside and the proceedings are directed to be stayed. Having regard to the fact that the dispute has been brought at the instance of the plaintiff, the defendant shall apply the arbitration clause and appoint an Arbitrator in the manner provided under the agreement and proceed with resolution of the dispute before the Arbitrator in the manner provided. 4. The Civil Revision is allowed in the above terms. (K.KANNAN) JUDGE 20.05.2009 sanjeev