IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arb Case No. 10 of 2011 Date of decision: 20.4.2011 Project Director …..petitioner vs. M/s Yoginder Sareen Contractors and ors …..Respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA Present: - Shri A.K.Bansal, Advocate for the petitioner. Shri B.R. Mahajan, Advocate for respondent No. 1. HEMANT GUPTA, J Petitioner has sought appointment of an Arbitrator in respect of the adjudication of dispute arising out of an Agreement dated 18.4.1994 executed between both the parties. Earlier, Shri D. S. Seth was appointed as an Arbitrator on 17.2.1997 who was the Superintending Engineer of PWD, B&R Amritsar, Circle, Amritsar. Shri Seth attained the age of superannuation on 31.10.1997. The petitioner has sought appointment of another Arbitrator in terms of arbitration Agreement on the ground that Shri Seth cannot continue with the arbitration proceedings as he has superannuated and the present incumbent holding the post of Arb Case No. 10 of 2011 Superintending Engineer, PWD, B&R can alone continue with the arbitration proceedings. In terms of Section 14(2) of the Arbitration and Conciliation Act, 1996 (for short the Act), the competent Court of jurisdiction to terminate the mandate of an Arbitrator is the principal Court of civil original jurisdiction as defined under Section 2© of the Act. The competent Court can examine all the issues inter se parties in respect of continuation of Shri Seth as an Arbitrator. In view of the said fact, present petition is disposed of with liberty to the petitioner to seek its remedy in accordance with law. (HEMANT GUPTA) JUDGE 20.4.2011 preeti 2