2000 (12) TMI 819

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..... nd M.S. Sushma Sharma for the Respondent. JUDGMENT Mohapatra, J. - Leave granted. 2. All these appeals are inter-linked with each other. The parties are the same and common questions arising from the same set of facts are involved in all these cases which were disposed of by the High Court of Rajasthan by a common judgment. While SLP (C) Nos. 10917-10918 of 1999 are directed against the judgmen .....

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..... ontractor') for appointment of an arbitrator and directing the company to take steps for appointment of an arbitrator in accordance with clause 66 of the agreement within one month, was under challenge. Civil Miscellaneous Appeal No. 825 of 1994 was filed by the contractor challenging the order dated 31-1-1994 dismissing the contractor's application under section 8 of the Act. 4. The High Court, .....

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..... here that the Tilam Sangh had suggested appointment of Sri K.C. Puri, a former Executive Engineer to act as the sole arbitrator. 5. The question that arises for consideration is who is to act as arbitrator for adjudication of the disputes raised by the parties in the case; whether it is the former Additional Chief Engineer appointed by the Court or the former Executive Engineer as suggested by Ti .....

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..... ineer appointed by the Admi-nistrative Head of Tilam Sangh, this Court should not interfere with the order passed by the High Court in which the appointment of the former has been confirmed. Alternatively he contended that if the appellant is agreeable, a retired High Court Judge may be appointed as arbitrator in the case. 8. Considering the nature of the controversy raised in the case, we specif .....

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..... 999. 10. Considering the facts and circumstances of the case and the submis-sions made by learned counsel for the parties, we are of the view that the order of the High Court confirming the appointment of arbitrator by the lower court warrants no interference in exercise of the jurisdiction under article 136 of the Constitution. Accordingly, the Civil Appeals are dismissed. No costs.
Case la .....

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