The Mahalekhakar Employees Coop. Group Housing Society Limited v. Haryana Urban Development Authority And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH ARB-288-2016 (O&M) Date of decision:- 06.10.2017 The Mahalekhakar Employees Coop. Group Housing Society Limited, Panchkula

...Petitioner

Versus

Haryana Urban Development Authority, Panchkula and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE Present:- Mr. Om Parkash Sharma, Advocate, for the petitioner.

Mr. Vishal Garg, Advocate, for the respondents.

* * * * S.J. VAZIFDAR, C.J. (ORAL) This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator.

2.

Written statement filed on behalf of the respondents in Court today is taken on record.

3.

The respondents allotted a plot in favour of the petitioner. Under the agreement, the petitioner was liable to pay the enhanced price. It appears that there were several objections filed by various allottees raising a grievance regarding the extent of the enhancement. A Committee was formed pursuant to the orders of this Court to determine the extent of the enhancement. The Committee has done so. The petitioner, however, disputes the Committee's decision.

4.

The effect of the Committee's decision and of the orders of this Court pursuant to which the same was made is an Amodh Sharma 2017.10.07 14:31 I attest to the accuracy and integrity of this document Chandigarh

ARB-288-2016 (O&M) issue that the arbitrator can always decide. It cannot on account thereof be said that there are no disputes between the parties.

5.

The petition is, therefore, disposed of by appointing Mr. Justice A.L. Bahri, a retired Judge of this Court, as the sole arbitrator. The fees shall be as per the Chandigarh Arbitration Centre (CAC) (Administrative Cost and Arbitrators' Fees) Rules, 2014. The parties have agreed that the venue shall be the Chandigarh Arbitration Centre.

(S.J. VAZIFDAR) CHIEF JUSTICE 06.10.2017 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No Amodh Sharma 2017.10.07 14:31 I attest to the accuracy and integrity of this document Chandigarh