Krishan Kumar v. Improvement Trust And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH ARB-72-2017 (O&M) Date of decision:- 01.09.2017 Krishan Kumar Government Contractor and Suppliers

...Petitioner

Versus

Improvement Trust, Rajpura, District Patiala through its Executive Officer/Chairman and another.

...Respondents

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

Ms. Deepali Puri, Advocate, for respondent No. 1.

Mr. Sahil Sharma, DAG, Punjab, for respondent No. 2.

* * * * 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.

The petitioner contends that the following constitutes an arbitration clause:- "In case of any dispute between both the parties the matter shall be referred to Principal Secretary, Local Government Pb.

Chandigarh whose decision shall be final and binding upon both the parties."

3.

This in my opinion is not an agreement to refer disputes and differences to arbitration. The parties had merely agreed to be bound by the decision of the Principal Secretary, Local Government, Punjab, Chandigarh and had agreed that his Amodh Sharma 2017.09.01 16:53 I attest to the accuracy and integrity of this document Chandigarh

ARB-72-2017 (O&M) decision would be final and binding upon the parties. There is no arbitration agreement.

4.

The petition is accordingly disposed of.

(S.J. VAZIFDAR) CHIEF JUSTICE 01.09.2017 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No Amodh Sharma 2017.09.01 16:53 I attest to the accuracy and integrity of this document Chandigarh