IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Arbitration Case No. 39 of 2010 Date of Decision: 26.10.2010 Global Agri System Pvt. Ltd. ..Petitioner Versus Indian Oil Corporation Ltd. ..Respondent 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 :- Mr. S.S.Behl, Advocate, for the petitioner. Mr. Ashish Kapoor, Advocate for the respondent. *** MUKUL MUDGAL, C.J. (Oral) 1. This petition has been filed by the petitioner under Section 11 of the Arbitration & Conciliation Act, 1996 (for short ' the Act), for appointment of sole Arbitrator to adjudicate upon the disputes between the parties. 2. Clause 9.0.1.0 of the agreement contains the Arbitration Clause which reads as under:- “ Subject to the provisions of Clause 6.7.1.0 and 6.7.2.0 hereof, any dispute or difference between the parties hereto arising out of any notified claim of the Contractor included in his Final Bill in accordance with the provisions of Clause 6.6.3.0 hereof and/or arising out of any amount claimed by the Owner (Whether or not the amount claimed by the Owner or any part thereof shall have been deducted from the Final Bill of the Contractor or any amount paid by the Owner to the contractor in respect of the work), shall be referred to arbitration by a Sole Arbitrator selected by the Contractor from a panel Arbitration Case No. 39 of 2010 [2] of three persons, nominated by the General Manager. xx xx xx xx xx xx xx xx xx” 3. Upon notice, the respondent put in appearance and file reply. In the reply, the existence of dispute and invocation of arbitration clause are not disputed. In the reply, the respondent Corporation has nominated three persons to be appointed as Arbitrator. Mr. Behl, learned counsel appearing for the petitioner states that he has no objection if Dr. K.P.Nathani, ED, R&D Centre, Faridabad (Haryana) is appointed as sole Arbitrator. Mr. Kapoor, appearing for the respondent states that he also accepts the appointment of Dr. K.P.Nathani. 4. In view of the statements of both the counsel for the parties, I appoint Dr. K.P.Nathani, ED, R&D Centre, Faridabad (Haryana) as sole Arbitrator to adjudicate upon the dispute between the parties. In the meanwhile, the parties will exchange the statements of claim and response thereof. The statement of claim be supplied to counsel for the respondent corporation within four weeks and response to the statement of claim shall be supplied to the counsel for the petitioner within four weeks thereafter. The parties shall appear before the Arbitrator on 13.01.2011 at 4.00 P.M. or on an agreed date convenient to the parties but not later than a fortnight from the date of exchange of pleadings as directed aforesaid. The Arbitrator shall dispose of the reference not later than six months from the date of first appearance of the parties. Arbitration Case No. 39 of 2010 [3] With these directions, this petition stands disposed of. (MUKUL MUDGAL) CHIEF JUSTICE 26.10.2010 'ravinder'