SHIV KUMAR SHARMA, J. - (1.) ON May 4, 2006 SB Arbitration Application No. 6/2005 was decided and following order came to be passed: Having heard the submissions, in view of the fact that the applicant has already filed civil suit before Additional Civil Judge No. 5 Kota the application is not maintainable. The application stands dismissed as indicated above.
(2.) NOW instant application has been filed under Section of 11 of Arbitration and Conciliation Act, 1996 seeking appointment of independent Arbitrator along with the order dated July 14, 2008 of the Apex Court, which reads as under: Leave granted. 2. Heard the learned Counsel for the parties. It has now been brought to the notice of this Court that the civil suit filed by the appellant has already been withdrawn. A copy of the same has already been filed in this Court with an affidavit. In this view of the matter, the impugned order is set aside and the High Court is directed to decide the application filed by the appellant under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator which was registered as S.B. Arbitration Application No. 6 of 1005 before the High Court of Judicature for Rajasthan, Jaipur Bench. It is expected that the said application shall be decided by the High Court as early as possible preferably within six months from the date of supply of a copy of this order.
(3.) WE , therefore, make it clear that we have not gone into the merits of the application under Section 11 of the Arbitration and conciliation Act which shall be decided by the High Court in accordance with law.;