- (1.) I. A. No. 4 for substituting legal representative for deceased respondent No, 2 is allowed.
(2.) This appeal is taking up along with i. A. No. 5. All the parties to this appeal have agreed to settle their dispute by referring the same for Arbitration. In pursuance to this agreement, the proposed term of reference is also filed before us today in substitution to the earlier Consent Terms. The parties have agreed for Hon'ble Mr. Justice (Retd. ) S. P. Kurdukar be appointed as the sole Arbitrator.
(3.) It seems that the parties have earlier approached Hon'ble Mr. Justice S. P. Kurdukar for his consent. But there seems small reservation so far Hon'ble Mr. Justice S. P. Kurdukar which is revealed through his letter dated 24/02/2000, which is annexed as Annexure-A2 to the application LA. No. 5. The relevant portion is quoted hereunder : "However, Mr. V. N. Ganpule told me that notwithstanding the fact that I was member of the Bench which passed the order dated 22/08/1997, all the parties still unanimously agree and confirm that they have "no Objection" whatsoever to appoint me as an Arbitrator and they will not raise any objection whatsoever in this regard at any stage of the proceedings. I am writing these few lines with a view to make my position very clear. I also wish that these facts may be brought to the notice of the Hon'ble Supreme Court to avoid any embarrassment. The Hon'ble Court may be requested to note these facts in its order. ";