Arb. Case No.141 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arb. Case No.141 of 2008 Date of Decision : 18.09.2009 Raj Kumar and another ...Petitioners Versus Reliance Wellness Limited ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Naveen Sharma, Advocate, for the petitioners. Mr. Hemant Saini, Advocate, for the respondents. HEMANT GUPTA, J. (ORAL) The petitioners have sought appointment of an Arbitrator in respect of dispute arising out of between the parties by an agreement dated 01.05.2008. vide the aforesaid agreement, the respondents have taken on lease upper ground floor, carpet area measuring 3081.64 square feet out of the property No.663, Guru Teg Bahadur Nagar, Jalandhar. The said agreement has an arbitration clause, which reads as under : “XIV. ARBITRATION It is hereby expressly agreed that if at any time there shall arise any dispute, doubt or difference or question with regard to interpretation of this agreement or in respect of the rights, duties and liabilities of the parties hereto arising out these present, then every dispute, doubt, difference or question shall be referred to arbitration as per the provision of the Arbitration & Conciliation Act, 1996 and the rules framed thereunder. Two arbitrators are to be appointed one by each of the parties and third to Arb. Case No.141 of 2008 2 be appointed by the said two arbitrators. The decision of the Arbitrators shall be final and binding to the parties to this Agreement. The Place of Arbitration shall be Jalandhar. The language to be used during arbitration proceedings shall be English.” The petitioners have invoked the jurisdiction of this Court for appointment of an Arbitrator in view of the alleged unilateral termination of lease by the respondents. The petitioners have served a legal notice dated 6.8.2008 (Annexure A-5). Since, the Arbitrator was not appointed as sought by the petitioners vide the aforesaid notice, the present petition for appointment of an Arbitrator has been filed. In the short reply filed today in the Court, the respondents have denied the assertion of the petitioners, but pointed out that Mr.V.V.Handa be appointed as an Arbitrator on behalf of the respondents. During the course of arguments, learned counsel for the parties have agreed to settlement to the jurisdiction of a sole Arbitrator, which may be appointed by the Court. In view of the said fact, Mr. A.K.Sharma, former District Judge, R/o H.No.41, Indsor Park, Near DAV Engg. College, Jalandhar, is appointed as an Arbitrator to adjudicate upon the dispute(s) between the parties. The Arbitrator shall be free to fix his fee in consultation with the parties. Parties are directed to appear before the Arbitrator on 26.10.2009 for further proceedings. 18.09.2009 (HEMANT GUPTA) Vimal JUDGE