- (1.) IN the light of the decision in Konkan Railway Corporation Ltd. and another V/s. Rani Construction Pvt. Ltd., (2002) 2 SCC 388, it is for the Arbitrator to decide on the tenability or otherwise of the various other claims that may be raised by one or the other parties before the Arbitrator. Therefore, no adjudication by this Court in this application under Section 11 .(6) of the Arbitration and Conciliation Act, 1996 is contemplated. Counsel for the respondents points out that in terms of Clause 63, governing the arbitration, four names have been suggested to the petitioner so as to enable him to choose one among them and the Arbitral Tribunal is to consist of that person and another to be nominated by the respondents and both of them together are to nominate the third member. When this statement was made, I put it to counsel for the petitioner, whether he cannot choose one among the four as his nominee so that the respondents can nominate its Arbitrator and then two Arbitrators then can choose the third Arbitrator and proceed with the arbitration. Counsel, after consulting his client, submitted that Shri H.L. Chaudhary, GM/TS, included as No. 2 in the list of four can be the Arbitrator chosen by the petitioner. I accept the said statement and Sri. H.L. Chaudhary, GM/TS will be one of the Arbitrators. I direct the respondents to nominate their Arbitrator within a month from today. Both the Arbitrators together will then nominate the Presiding Arbitrator as envisaged by the Arbitration Clause. The petitioner will be free to raise all his claims before the Arbitrators contemplated by the decision referred to above and it will be open to the respondents to raise all their objections before the Arbitrators and it will be the duty of the Arbitrators to decide all those claims and objections. Once the Presiding Arbitrator is nominated and the Arbitral Tribunal enters upon the Reference, the Tribunal will complete the arbitration proceedings within eight months of entering upon the reference. The application is order as above.;