IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 15358 of 2008. Date of Decision: 12th May, 2009. Bhupinder Singh Gill Petitioner through Mr. B.S.Guliani, Advocate Versus Chandigarh Administration & Ors. Respondents through Mr. Hari Om Attri, Advocate for respondents No. 1 to 4. Mr. H.S.Hundal, Advocate for respondent No.5. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers 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? SURYA KANT, J. [ORAL) This writ petition seeks quashing of the ex-parte award 5.9.2004 passed by the 4th respondent as well as the orders dated 16.11.2006 and 9.7.2008 passed by the Appellate and Revisional Authorities, respectively. The arbitration proceedings have arisen out of a dispute between the petitioner and respondent No. 5 - Society and pertain to the alleged non-payment of loan installments by the petitioner. The petitioner's grievance is that the Arbitrator has not afforded any opportunity of hearing to him which has resulted in the mis-carriage of justice. Vide order dated 9.9.2008, this Court stayed the execution proceedings pending before the Civil Court at Chandigarh subject to the petitioner depositing a sum of Rs. One Lac with the said Court. The petitioner has already complied with the said order. During the course of hearing, learned counsel for the respondent Society has come up with a fair stand that he has no objection in case the ex-parte award is set aside and the matter is remitted to the Arbitrator to dispose of the same, in accordance with law, from the stage the petitioner was proceeded against ex-parte. The aforementioned stand taken by the respondent Society is acceptable to learned counsel for the petitioner. In view of the consensus arrived at between learned counsel for the contesting parties, the impugned award dated 5.9.2004 and consequential Appellate and Revisional Orders are set aside. The matter is remitted to the Arbitrator to re-commence the proceedings from the stage the petitioner was proceeded against ex- parte. In order to protect the interest of both the parties, it is directed that the amount of Rs. One Lac lying deposited with the Executing Court/Civil Court, Chandigarh may be released in favour of the respondent Society, subject to it giving an undertaking including an affidavit of its President that in case the arbitration proceedings are decided against the respondent Society, the amount of Rs. One Lac shall be refunded to the petitioner within two months of the passing of the said award along with interest at the rate admissible under the Interest Act, 1978. It goes without saying that the parties shall be entitled to raise all their pleas before the Arbitrator and the same shall be gone into, in accordance with law. Disposed of. Dasti. May 12, 2009. ( SURYA KANT ) dinesh JUDGE