IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Arbitration Case No. 149 of 2008 Date of Decision:- 28.4.2009. Bhupinder Kaur .... Applicant. Versus Bharat Sanchar Nigam Ltd. & Ors. .... Respondent CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA. Present:- Mr. Monika Goyal, Advocate, for the applicant. Mr. H.S.Saini, Advocate, for Mr. D.R.Sharma, Advocate, for the respondents. Hemant Gupta, J (Oral). The petitioner has sought appointment of an Arbitrator in respect of the disputes between the parties arise out of the agreement dated 18.1.2006. As per the aforesaid agreement, the petitioner was to provide commercial vehicles for official use on the terms and conditions mentioned in the Contract and the Appendix. The petitioner has sought appointment of Arbitrator on 17.3.2008 after security deposited by the petitioner was forfeited on 19.12.2007 and 1.1.2008. The Arbitrator in terms of Clause 39 of the agreement was not appointed, therefore, the petitioner invoked the jurisdiction of this Court on 19.7.2008. Learned counsel for the respondents has produced communication dated 5.3.2009 to the effect that Sh. Avnish Kumar DGM (TP) O/o CGMT Punjab Circle Chandigarh, has been appointed as an Arbitrator. No reply has been filed on behalf of the respondents. Arbitration Case No. 149 of 2008 -2- However, after invocation the jurisdiction of this Court under Section 11 (6) of the Arbitration and Conciliation Act, 1996, the appointment of an arbitrator is not permissible. It has been so held by Hon'ble Supreme Court in Datar Switchgers Vs. Tata Finance Ltd (2000) 8 SCC 151 and Union of India Vs. Bharat Battery Mfg. Co. (P) Ltd, (2007) 7 SCC 684. In view of the above the appointment of arbitrator on 5.3.2009 is not permissible. Therefore, in exercise of power conferred under Section 11 (6) of the Arbitration and Conciliation Act, 1996, Shri R.P.Bajaj, Retired District Judge, Resident of House No. 5460, Sector -38 (W), Chandigarh, is appointed as an Arbitrator. The learned Arbitrator shall be free to fix his fee in consultation with the parties. Parties are directed to appear before the learned Arbitrator on 28.5.2009 for further proceedings in accordance with law. April 28, 2009 (Hemant Gupta) tripti Judge