LPA No.926 of 2009 #1#
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
LPA No.926 of 2009
Date of Order: 12.10.2009
Kurukshetra University, Kurukshetra
...Petitioner
Versus
M/s Shiv Construction and others
....Respondents
CORAM: HON’BLE MR. JUSTICE M.M. KUMAR
HON’BLE MR. JUSTICE JASWANT SINGH
Present: Mr. S.C. Sibal, Sr. Advocate with
Mr. V.S. Rana, Advocate for the appellant.
1. To be referred to the Reporter or not?
2. Whether the judgment should be reported in the Digest?
M.M. KUMAR,J
This appeal filed under clause X of the letters patent is directed
against judgment dated 30.3.2009 passed by the learned Single Judge of this
Court in CWP No.17322 of 2008. The challenge in the aforesaid petition is
to order dated 24.10.2007 whereby arbitration proceedings pending before
Arbitrator-respondent No.2 were abruptly closed. Learned Single Judge
after recording the clauses of arbitration agreement has opined that the order
closing the proceedings cannot be sustained and the same has been set aside
with a direction to the University to nominate a new Arbitrator, as per the
clauses of the agreement. It was further directed that the Arbitrator shall
proceed further with the arbitration proceedings from the stage the earlier
LPA No.926 of 2009 #2#
Arbitrator had left with an advance notice to the petitioners.
The aforesaid direction issued by the learned Single Judge has
been complied with as per order dated 7.10.2009 passed by the Kurukshetra
University and now the Successor of the earlier Arbitrator has been
appointed as an Arbitrator. As the order has been complied with, no
argument has been addressed with regard to the legality of the order passed
by the learned Single Judge.
Appeal fails and the same is dismissed as having been rendered
infructuous.
( M.M. KUMAR )
JUDGE
October 12, 2009 ( JASWANT SINGH )
manoj JUDGE