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HARI SINGH versus UNION OF INDIA & ANR

High Court of Punjab and Haryana, Chandigarh

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Hari Singh v. Union of India & Anr - ARB-34-2004 [2006] RD-P&H 12937 (21 December 2006)

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Arbitration Case No. 34 of 2004

Date of Decision: 12.01.2007

Hari Singh

......Petitioner through

Mr. VishalGupta,

Advocate

versus

Union of India and another

.......Respondents through

Mr. P.K.Dutt, Advocate

CORAM: HON'BLE MR. JUSTICE VIJENDER JAIN,
CHIEF JUSTICE

*****

Vijender Jain, Chief Justice (Oral)

Learned counsel appearing for the respondent has contended that full and final payment has been made and the supplementary agreement was executed and entire claim to finally settle the matter is not referable to an Arbitrator.

On the other hand, learned counsel for the petitioner has relied upon a judgment of this Court in Union of India and others v. M/s H.R.Construction Company and another CWP No. 1976 of 2005 decided on 8.2.2006.

Following the dictum of the aforesaid judgment, there is no force in the arguments of learned counsel for the respondents. The cross- objections against the appointment of an Arbitrator could be taken under Arbitration Case No. 34 of 2004 [2]

Section 16 of the Arbitration and Conciliation Act, 1996. As per the arbitration agreement, I direct General Manager, Northern Railways to appoint two arbitrators in terms of clause 64(3)(a)(ii) of the agreement to adjudicate the dispute between the parties within a period of 15 days from the date of receipt of copy of this order.

The petition stands disposed of.

(VIJENDER JAIN)

CHIEF JUSTICE

12.01.2007.

'ravinder'


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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