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Judgment
Shiv Narayan Dhingra, J.—This application has been made by the applicant u/s 151 read with Order 47 Rule 1 and Section 114 of CPC for clarification of the order dated 6th March 2009.
It is submitted by the applicant that in Suit No. 1650 of 2007 filed by respondent, the petitioner/applicant had filed an application u/s 8 of the Arbitration & Conciliation Act, 1996 (for short, "the Act") while the petitioner itself has also filed an arbitration petition 446 of 2007 u/s 11 of the Act for appointment of Arbitrator. Arguments on both these applications i.e. application u/s 8 in Suit No. 1650 of 2007 and u/s 11 being AA No. 446/2007 were heard together and the order was announced by the Court on 6th March 2009. While this Court allowed the application of the applicant u/s 8 of the Act in Suit No. 1650 of 2007 by a detailed order, this Court disposed of AA No. 446 of 2007 in view of the judgment rendered in Suit No. 1650 of 2007. It is submitted that in Suit No. 1650 of 2007, this Court had appointed Justice A.B. Saharya (retired Chief Justice of Punjab & Haryana High Court) as Sole Arbitrator, therefore, by implication Justice A.B. Saharya would be the Sole Arbitrator in Arbitration Petition No. 446 of 2007 as well. However, a clarification was needed because a stand was being taken by the non application before Justice Saharya was that in Arbitration Petition No. 446 of 2007, he had not been appointed as the Arbitrator and no formal communication has been received in this respect.
A perusal of order dated 6th March 2009 passed by this Court makes it clear that this Court had referred all disputes qua property bearing No. B-25, Qutab Institutional Area, New Delhi raised by the petitioner and respondent in Suit No. 1650 of 2007 and in Arbitration Petition 446 of 2007 to Justice A.B. Saharya. It is again clarified that the arbitration petition No. 446 of 2007 has been allowed in terms of order dated 6th March 2009 and Justice A.B. Saharya has been appointed as the Sole Arbitrator to adjudicate all disputes between the parties including those mentioned in Arb. Petition No. 447 of 2007.
The application stands disposed of with above clarification.