IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arb. Case No. 76 of 2010 (O&M) Date of decision: 9.3.2011 Pacific Projects Limited …..petitioner vs. State of Haryana and ors …..Respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Puneet Bali, Advocate for the petitioner Mr. P.S. Poonia, Addl. AG, Haryana for respondent No. 1. Mr. Raman B. Garg, Advocate for respondents Nos. 2 to 5. HEMANT GUPTA, J The present petition is for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (for short the ‘Act’) in respect of the dispute arising out of a contract awarded to the petitioner for development of Model Village Lowa Khurd in District Jhajjar vide the memo No. 1232 dated 2.7.2007. Disputes arose between the parties in respect of the completion of contract and the consequent termination of the contract by respondents. The petitioner served a notice upon the respondents for referring the dispute to an independent and impartial Arbitrator to decide the dispute between the parties on 4.3.2010. The respondents did not sent any communication to the petitioner rejecting the claim of the petitioner for appointment of an arbitrator or otherwise. On 11.5.2010, the present petition seeking appointment of an Arbitrator was filed. Arb. Case No. 76 of 2010 Learned counsel for the petitioner has vehemently argued that the respondents have failed to appoint the Arbitrator as per the request made by the petitioner on 4.3.2010. No reply has been filed in the present petition. However, in reply filed in another Arbitration Case No. 68 of 2010, the receipt of notice to seek appointment of Arbitrator is not denied. Now, the question arises is as who should be appointed as an arbitrator. The Clause 25–A of the Agreement contemplates the reference of disputes to “capable officer” to be appointed by Chief Administrator of the Board. The learned counsel for the parties’ state that the issues raised are of questions of fact and law and a technically qualified Arbitrator should be appointed. Consequently, Shri Kuldeep Singh, Chief Engineer (Retd.), PWD, (B&R), Punjab resident of House Number 113, Sector 10-A, Chandigarh is appointed as an Arbitrator. Learned Arbitrator shall be at liberty to fix his fee in consultation with the parties on the first day of hearing, subject to the orders of this Court in this respect. (HEMANT GUPTA) JUDGE 9.3.2011 preeti 2