Arbitration Case No.28 of 2007 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Arbitration Case No.28 of 2007 Date of Decision: 19 - 05 - 2008 Punjab State Warehousing Corporation ....Petitioner through Mr.Gurminder Singh , Advocate v. M/s Bishan Sarup Ram Kishan Agro (P) Ltd. ....Respondents through : None CORAM: HON'BLE MR.JUSTICE VIJENDER JAIN, CHIEF JUSTICE *** 1. Whether Reporters of Local Newspapers 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? *** VIJENDER JAIN, CHIEF JUSTICE (ORAL) In spite of service, no body is present on behalf of the respondent. However, the report of the Registry with regard to service on the respondent is to the following effect:- “The account of Bishan Saroop Ram Kishan with PSWC was fully settled and we have no dues to pay.” The Memorandum of Understanding dated 17.2.2003 was entered into between petitioner - Punjab State Warehousing Corporation and respondent - M/s Bishan Sarup Ram Kishan Agro (P) Ltd.. Pursuant to the said Memorandum of Understanding, two agreements were executed, first agreement is dated 17.2.2003 Arbitration Case No.28 of 2007 [2] containing arbitration clause No.18 which is at page 24 of the petition and the other agreement was executed on 17.4.2003 between the petitioner and the respondent having similar Clause No.18 which is at page 27 of the petition. Notice invoking the arbitration clause was served on the respondent on 21.3.2007 (Annexure P-10) which is at page 39 of the paper-book. In relation to both the agreements, the respondent was asked to pay a sum of Rs.1,91,71,791/- on account of wheat and rice exports as an associate of Punjab State Warehousing Corporation and in response thereof no remittance was made nor any amicable settlement was arrived at. By this letter, the petitioner invoked the arbitration clause and gave opportunity to the respondent to appoint an Arbitrator in terms of the arbitration clause. No Arbitrator has been appointed by the respondent. Even no body is present on behalf of the respondent. Therefore, I appoint Ms. Justice Kiran Anand Lall (a retired Judge of Punjab & Haryana High Court) as the sole Arbitrator to adjudicate upon all the disputes between the parties. The Arbitrator shall fix her own fee. The intimation of appointment be sent to the Arbitrator. The petition stands disposed of. ( VIJENDER JAIN ) May 19, 2008 CHIEF JUSTICE RC