Hemant Gupta, J. - (1.) THIS order shall dispose of afore -mentioned two cases raising identical question of law and facts. However, for facility of reference, the facts are taken from Arbitration Case No.60 of 2011.
(2.) THE petitioner has sought appointment of an Arbitrator in respect of disputes arising out of the agreement dated 25.10.2007. Vide aforesaid agreement, the petitioner was awarded contract of supply of material, its erection, testing and commissioning of new 6.3/10/16/25 KVA distribution Transformers. The dispute arose between the parties. The petitioner served a notice dated 18.01.2011 (Annexure P -2) for appointment of an Arbitrator. Since the Arbitrator was not appointed, the petitioner filed the present petition before this Court seeking appointment of an Arbitrator on 18.04.2011. Notice of the present petition was issued on 21.04.2011 for 25.05.2011. But in the meantime, the respondent has appointed Er. N.S. Matharu, Chief Engineer/ARR and TR, PSPCI, Patiala as an Arbitrator on 25.04.2011.
(3.) LEARNED counsel for the petitioner has argued that the Arbitrator has been appointed after the petitioner has invoked the jurisdiction of this Court, therefore in terms of Datar Switchgears Ltd. Vs. Tata Finance Ltd and another : (2000) 8 SCC 151, the respondent has forfeited its rights to appoint an arbitrator.;