Arbitration Case No.104 of 2006 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Arbitration Case No.104 of 2006 Date of Decision: 19 - 05 - 2008 Punjab Agro Industries Corpn. Ltd. ....Petitioner through Mr.N.S.Boparai , Advocate v. Dr.A.S.Bindra ....Respondent through : None CORAM: HON'BLE MR.JUSTICE VIJENDER JAIN, CHIEF JUSTICE *** 1. Whether Reporters of Local Newspapers 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? *** VIJENDER JAIN, CHIEF JUSTICE (ORAL) Arbitration clause is not denied. Admittedly, there was a dispute between the parties and as such pursuant to the arbitration clause, both the parties appointed their respective Arbitrators. However, the Presiding Arbitrator could not be appointed as there was no agreement could be arrived at between the Arbitrators so appointed by the parties. Hence a petition under Section 11 of the Arbitration and Conciliation Act, 1996 was filed before in the District Courts, Chandigarh. However, in view of the Supreme Court decision in M/s.S.B.P. & Co. Arbitration Case No.104 of 2006 [2] v. M/s Patel Engineering Ltd. & Anr., 2005(4) RCR (Civil) 747, the matter was transferred to this Court. This Court issued notice to the parties. Mr.Karandeep Sharma, Advocate appeared for the respondent on 16.4.2007, 10.7.2007 and then on 10.9.2007. Thereafter, counsel for the respondent stopped appearing. It seems that the respondent has no defence to the prayer of the petitioner and possibly there cannot be any objection for appointment of a Presiding Arbitrator if both the Arbitrators have failed to appoint the Presiding Arbitrator. Therefore, I appoint Justice S.K.Jain (a retired Judge of this Court) as the Presiding Arbitrator so as to constitute an arbitral Tribunal which shall proceed to adjudicate the disputes between the parties. The Presiding Arbitrator shall fix his own fee. Petition stands disposed of. ( VIJENDER JAIN ) May 19, 2008 CHIEF JUSTICE RC