IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arb. Case No. 47 of 2010 Date of decision: 04.05.2011 Vinod Raj Pal …..Petitioner Vs. Municipal Corporation Chandigarh …..Respondent CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Divya Suri, Advocate for Mr. S.K.Aggarwal, Advocate for the petitioner. Ms. Deepali Puri, Advocate for the respondent. HEMANT GUPTA, J. The petitioner seeks appointment of an Arbitrator in respect of the disputes arising out of an Agreement dated 01.02.2002, a copy of which has been appended as Annexure P-1. Vide the aforesaid Agreement, the petitioner has been granted license to run Food Kiosk from 7.00 pm to 7.00 am for the sale of food- stuffs and snacks on payment of monthly license fee. The Arbitration Clause in the said Agreement reads as under: “20. In the event of any question, dispute or difference arising out of this license or in any manner touching this license and solution of which is not expressly provided in the license agreement, the same shall be referred to the sole arbitrator i.e. the Commissioner, Municipal Corporation or any other person appointed by him. The award of the Commissioner, Municipal Corporation shall be final and binding on the parties to the license.” Arb. Case No. 47 of 2010 The grievance of the petitioner is that some other allottees of the Kiosks have put unauthorized obstruction, which obstructs the optimum use of the Kiosk given on licence to the petitioner. In respect of such grievance, the petitioner has sought appointment of an Arbitrator vide communication dated 10.03.2010 in terms of arbitration clause, reproduced above. The stand of the respondent is that the grievance of the petitioner has been redressed, as a separate un-obstructed passage has been provided to the petitioner. However, learned counsel for the parties have argued that there exist disputes in respect of manner of use of Kiosks allotted to the petitioner and such disputes are required to be decided by the named Arbitrator in the Agreement itself. Learned counsel for the respondent states that the named Arbitrator will adjudicate upon the disputes raised by the petitioner expeditiously in accordance with law. In view of the above, the present petition is disposed of with a direction to the named Arbitrator i.e. Commissioner, Municipal Corporation, Chandigarh to adjudicate upon the disputes arising of the Agreement dated 01.02.2010 (Annexure P-1) expeditiously in accordance with law. (HEMANT GUPTA) JUDGE 04.05.2011 Vimal/preeti 2