IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 29.09.2011 Arb. Case No.129 of 2009 Jagdish Chand Gupta ...Petitioner Versus National Hydro Electric Power Corporation Ltd. ...Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. S.K.Garg Narwana, Advocate, for the petitioner. Mr. Lokesh Sinhal, Advocate, for the respondent. HEMANT GUPTA, J. (ORAL) The parties have entered into agreement dated 05.12.2005 in connection with the work of “Investigation, Design & Construction of 100m span, 70-R, double lane pro-stressed concrete bridge over river Chenab including approaches on both sides of P/house site of Pakal-Dul H.E. Project at Dul, Kishtwar, District Doda (J&K) (PKG CC-35)”. The aforesaid agreement was in pursuance of notice inviting tender in response to which, the petitioner has submitted its offer on 23.08.2004. In pursuance of the bid offered by the petitioner, a communication accepting the bid was addressed to the petitioner on 27.05.2005. Subsequently, the agreement was executed on 05.12.2005 with stipulated period of two years for the completion of the project. But it Arb. Case No.129 of 2009 appears that disputes arose in respect of the span of bridge, which led to termination of the contract as per the respondent on 30.10.2010. The questions; whether the respondent is within its right to terminate the contract or whether there exists any dispute regarding feasibility of construction of bridge as alleged by the petitioner, are the disputed questions of fact, which are required to be adjudicated upon by an Arbitrator in terms of the arbitration clause contained in the agreement. Therefore, to resolve all the disputes between the parties including termination of the contract, Mr. Sham Lal Garg, former General Manager, Ranjit Sagar Dam, resident of H.No.55, Sector – 6, Panchkula is appointed as a sole Arbitrator. The Arbitrator shall be entitled to fix his own fee which shall not exceed the fee as per the Punjab & Haryana High Court (Arbitrators’ Panel & Fee) Rules, 2011. Disposed of. 29.09.2011 (HEMANT GUPTA) Vimal JUDGE 2