National Building Construction Corporation vs District and Sessions Judge and Another

Mukul Mudgal, J.—Rule.

This writ petition challenges the appointment of Shri B.P. Dave as the Sole Arbitrator pursuant to an Order dated 7th of December, 2000, passed by the Additional District Judge in Suit No. 106/2000. When the matter was taken up for hearing 1.10.2001 both the parties agreed that in supersession of the Order dated 7th of December, 2000, appointing Shri B.P. Dave as an Arbitrator, this Court may appoint any other arbitrator out of a panel suggested by both parties or may appoint any retired Additional District Judge as Arbitrator. The learned counsel for the parties had also given their proposed names for the arbitrator, to be appointed by this Court.

After hearing the learned counsel for the parties and considering the facts & circumstances of the case and in view of the failure of the respondents to appoint the Arbitrator initially in spite of the service of the demand for the same, Shri T.S. Oberoi, as erstwhile District Judge is appointed as the Arbitrator, who will give his award within 3 months from the date of entering upon the reference. Arbitrator will be paid a fees at Rs. 20,000/- plus expenses.

The writ petition is accordingly disposed of with no orders as to costs. A copy of this order be sent to the Arbitrator for necessary information & compliance thereof.