IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 20.10.2011 (i) Arb. Case No. 97 of 2011 M/s KBK Environ Infrastructures Ltd …..Petitioner vs. M/s Chandigarh Overseas Pvt. Ltd. …..Respondent (ii) Arb. Case No. 98 of 2011 M/s KBK Environ Infrastructures Ltd …..Petitioner vs. M/s Chandigarh Overseas Pvt. Ltd. …..Respondent (iii) Arb. Case No. 99 of 2011 M/s KBK Environ Infrastructures Ltd …..Petitioner vs. M/s Chandigarh Overseas Pvt. Ltd. …..Respondent (iv) Arb. Case No. 100 of 2011 M/s KBK Environ Infrastructures Ltd …..Petitioner vs. M/s Chandigarh Overseas Pvt. Ltd. …..Respondent (v) Arb. Case No. 101 of 2011 M/s KBK Environ Infrastructures Ltd …..Petitioner vs. M/s Chandigarh Overseas Pvt. Ltd. …..Respondent (vi) Arb. Case No. 102 of 2011 Arb case No. 97 to 104 of 2011 M/s KBK Environ Infrastructures Ltd …..Petitioner vs. M/s Chandigarh Overseas Pvt. Ltd. …..Respondent (vii) Arb. Case No. 103 of 2011 M/s KBK Environ Infrastructures Ltd …..Petitioner vs. M/s Chandigarh Overseas Pvt. Ltd. …..Respondent (viii) Arb. Case No. 104 of 2011 M/s KBK Environ Infrastructures Ltd …..Petitioner vs. M/s Chandigarh Overseas Pvt. Ltd. …..Respondent CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. V.M.Gupta, Advocate for the petitioner. Mr. Ajay Pal, Advocate for respondent. HEMANT GUPTA, J This order shall dispose of Arb. cases No. 97 to 104 of 2011 arising out of different agreements but of the same date and in respect of separate properties. As per the agreement between the parties, respondent was to develop, construct and deliver the residential flats and a commercial area to the petitioner. The 2 Arb case No. 97 to 104 of 2011 agreement contains the following arbitration clause which reads as under: - “24. In the event of a disagreement or dispute between the parties to this agreement in relation to this agreement regarding the validity, implementation, interpretation, rights, duties, obligations, resposibilites and liabilities of the parties or alleged material breachof any provisions of this agreement, the Developer and Buyer(s) shall attempt in good faith to resolve those differences themselves. Failure to resolve the dispute or difference amicably within 45 days shall entitle the parties to the contract or their respective heirs, legal representatives, successors in title, transferees and assigns (as the case may be) by virtue of this agreemtn or otherwise, or as to any other matte rin any way connected with or arising out of or in relation to the subject matter of this agreement, that at any time hereafter (whether during the continuance of this agreement or upon or after its discharge or determination) shall be referred to arbitration of a sole arbitrator to be appointed by the Developer in accordance with and subject to the provisions of the Indian Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force. The award of the Arbitrator shall be final and binding on the parties to the reference. The arbitration proceedings shall be conducted in English language and all the proceedings shall be held in Chandigarh only.” As per the petitioner, the disputes have arisen between the parties and such disputes are required to be decided by an arbitrator. Petitioner has sought settlement of disputes by notice dated 11.4.2011 (Anneuxre P-3) and a notice thereafter dated 30.5.2011 (Annexure P-5) but since no arbitrator was 3 Arb case No. 97 to 104 of 2011 appointed, the petitioner invoked the jurisdiction of this Court. Today, learned counsel for the parties have agreed that there exist disputes between the parties and such disputes be referred for decision by an arbitrator. Parties have agreed that Hon'ble Mr. Justice K.S. Garewal, former Judge of this Court resident of H. No. 169, Sector 11, Chandigarh be appointed as an arbitrator to resolve the disputes between the parties. In view of the said fact, Hon'ble Mr. Justice K.S. Garewal, former Judge of this Court is appointed as arbitrator to resolve all the disputes between the parties. He shall be entitled to fee as per Punjab and Haryana High Court (Arbitrator's Panel and Fee) Rules, 2011. Since, the issue in all the cases is the same, the arbitrator may charge the fee not exceeding two sets of fee as per the above said Rules. Disposed of. (HEMANT GUPTA) JUDGE 20.10.2011 preeti 4