Fornax Real Estate Limited vs M/S Chandigarh Spun Pipe Co. And … on 6 February, 2009

            IN THE HIGH COURT OF PUNJAB & HARYANA AT
                      CHANDIGARH



                                             Arbitration Case No. 5 of 2009
                                             Date of Decision: 06.02.2009


Fornax Real Estate Limited                                      ..Petitioner


                         versus


M/s Chandigarh Spun Pipe Co. and others                        ..Respondents


CORAM:      HON'BLE THE CHIEF JUSTICE


Present :   Mr. Arun Bhardwaj, Sr. Advocate with
            Mr. Rohit Khanna, Advocate for the petitioner

            Mr. J.S.Sidhu, Advocate
            for the respondents.


                                *****

T.S.Thakur, C.J. (Oral)

Learned counsel for the parties submit that there is no

consensus between the parties as regards the appointment of an Arbitrator

for adjudication of the disputes that have arisen between them no matter the

same are admittedly arbitrable in terms of the arbitration clause found in the

agreement. They submit that this Court could in its discretion appoint an

Arbitrator and refer the matters in dispute to him for adjudication.

In the circumstances, therefore, and keeping in view the nature

of the controversy, as also the stakes involved, I appoint Dr. Justice

A.S.Anand, former Chief Justice of India, as sole Arbitrator to adjudicate

upon the disputes that have arisen between the parties in relation to
Arbitration Case No. 5 of 2009 [2]

agreement dated 04.02.2008. The Arbitrator shall be free to decide about the

fee chargeable by him and the proportion in which the same shall be paid by

the parties. Arbitration Case No. 5 of 2009 is with the above direction

disposed off. No costs.

(T.S.THAKUR)
CHIEF JUSTICE

06.02.2009
‘ravinder’