IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No.16 of 2011 Date of decision : May 26, 2011 Rajiv Kapoor …Petitioner. Versus H.P.S.E.B. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Satyen Vaidya, Advocate. For the Respondents : Mr. Trilok Jamwal, Advocate. Surjit Singh, J (Oral) Heard and gone through the record. 2. Petitioner was awarded some work by the respondents-H.P. State Electricity Board, vide letter of award Annexure C-1. Agreement was executed, which is Annexure C-2. Clause 25 of the agreement provides for arbitration, in case of a dispute between the parties. As per this clause, dispute is to be referred to the sole arbitration of a person to be appointed by the Engineer-in- Chief/Chief Engineer of H.P.P.W.D. (sic). Parties admit that in place of Chief Engineer, H.P.P.W.D., Chief Engineer, H.P.S.E.B is to be read. 3. Dispute having arisen between the parties, petitioner approached the Chief Engineer, referred to in Whether reporters of the local papers may be allowed to see the judgment? …2… Clause-25, aforesaid, for appointment of Arbitrator, vide Annexure C-4, which is dated 15th September, 2008. No Arbitrator having been appointed, the petitioner has now approached this Court, under Section 11(6) of the Arbitration and Conciliation Act, for appointment of arbitrator. 4. Respondents have stated that the petitioner is not entitled to any claim, because he executed the work in part only and then left the work midway. 5. Question, whether the petitioner is entitled to any claim, on account of the part work, allegedly executed by him, or on any other count, is to be decided not by this Court but by the arbitrator. The dispute having arisen between the parties and there being arbitration clause in Agreement Annexure C-2 and the authority, named in the Arbitration Clause for appointment of arbitrator, having not appointed the Arbitrator, despite being approached by the petitioner, the petition is allowed and Superintending Engineer (Arbitration), Solan, is appointed as Arbitrator. Petition stands disposed of. May 26, 2011(sd) ( Surjit Singh ), J