CWP No.12083 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12083 of 2009 Date of decision : 6-11-2009 M/s Outdoor Communications Pvt. Ltd. .... Petitioner VERSUS Union of India and others ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Chetan Mittal, Senior Advocate with Mr. Kunal Mulwani, Advocate, for the petitioner. Mr. Sandeep Vermani, Advocate, for the respondents. KANWALJIT SINGH AHLUWALIA, J. (Oral) On October 7, 2009, the following order was passed:- “Counsel for the petitioner requests for reference of the matter, to an Arbitrator, may be a former Judge of this High Court. He further states that the petitioner is ready to bear all the expenses of the arbitration. Shri Vermani seeks time to get instructions. On request, adjourned to 15.10.2009.” In response to the same Sh. Sandeep Vermani, counsel for the respondents has placed on record communication received from Senior Division Commercial Manager, Northern Railway, Ambala Cantt stating therein that as per Para 42 of the agreement, CWP No.12083 of 2009 -2- sole Arbitrator is to be appointed by General Manager and the Arbitrator to be appointed by the General Manager shall be a Gazetted Railway officer. Sh. Chetan Mittal, Senior Advocate, for the petitioner states that status quo order granted in his favour on 11-08-2009 be allowed to remain in operation for a period of two weeks with liberty to the petitioner to approach District Judge under Section 9 or under Section 11 the Chief Justice of this Court for appointment of independent Arbitrator under the Arbitration & Conciliation Act, 1996. Counsel further submits that in case, this prayer is accepted, he will withdraw the present petition. Mr. Sandeep Vermani, counsel for the respondents has no objection to the prayer made by Senior counsel appearing for the petitioner. In view of the broad consensus arrived between the parties, the present petition is dismissed as withdrawn with liberty to the petitioner to approach appropriate forum for the appointment of independent Arbitrator. For a period of two weeks the order of status quo shall remain in operation. Copy of this order be given dasti on payment of usual charges. (KANWALJIT SINGH AHLUWALIA) 6-11-2009 JUDGE manju