- (1.) AN order dated 14th of March, 2006 passed by the High Court of Judicature of Bombay at Aurangabad in Arbitration Application No. 3 of 2006 is under challenge before this Court.
(2.) BY the impugned order, the High Court rejected the application filed by the appellant under S.11 of the Arbitration and Conciliation Act, 1996 on the ground that the appointment of a sole Arbitrator can only be made in pursuance of Clause 53 of the Agreement entered into by the parties. It is not in dispute that in pursuance of Clause 53 of the Agreement, the Respondents have already appointed a retired Superintending Engineer as a sole Arbitrator to decide the disputes between the parties. Mr. Savant, learned senior counsel appearing on behalf of the appellant submits that in terms of Clause 53 of the Agreement, a retired Superintending Engineer cannot be appointed as a sole Arbitrator to decide the disputes raised by the parties. Since the dispute related only to the question whether a retired Superintending Engineer can be appointed as a sole arbitrator in pursuance of clause 53 of the Agreement when clause 53 only talks about appointment of a Superintending Engineer (serving), we directed Mr. M. N. Rao, learned senior counsel appearing for the respondents to suggest the name of any other person who is a serving Superintending Engineer for appointment as the sole arbitrator. Accordingly, Mr. Rao, learned senior counsel for the respondents submitted a list of 3 persons before us and submitted that any one person out of the 3 persons named in the list can be appointed as a sole arbitrator, to decide the disputes between the parties, in place of the retired Superintending Engineer who has been appointed as a sole arbitrator by the respondents. Mr. Savant, learned senior counsel appearing for the appellant agreed to the appointment of Mr. O. G. Mudiraj, Superintending Engineer, Nanded Irrigation Circle, Nanded as the sole arbitrator to decide the disputes between the parties. Accordingly, by consent of the parties, we discharge the retired Superintending Engineer already appointed as a sole arbitrator by the respondents and appoint Mr. O. G. Mudiraj as a sole arbitrator to decide the disputes between the parties. The sole arbitrator Mr. O. G. Mudiraj shall enter into reference within a month from the date of supply of a copy of this order to him and thereafter, decide the disputes and pass an award within a period of six months from the date of his entering reference.
(3.) THE special leave petition is thus disposed of with no order as to costs.;