2004 (2) TMI 725

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..... for supplying and staking hand-broken (hard stone) ballast conforming to Northern Railway, Chief Engineer's Circular No. 170.P.Way along cess/toe from km 1/0 to km 50/0 and in ballast depot at Mandor as per Northern Railway Standard Specifications and Special Tender Conditions in connection with JU-JSM BG Conversion Project. It appears disputes and differences arose between the parties in rela .....

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..... two specified persons could be appointed as arbitrator. We find merit in this submission. 3. The relevant part of clause 64 runs as under: 64. Demand for arbitration.-*** (3)(a)(ii) Two arbitrators who shall be gazetted railway officers of equal status to be appointed in the manner laid in clause 64(3)(b) for all claims of ₹ 5,00,000 (Rupees five lakhs) and abov .....

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..... pointed as arbitrators, Justice P.K Bahri could not be appointed by the High Court as the sole arbitrator. On this short ground alone, the judgment and order under challenge to the extent it appoints Justice P.K Bahri as sole arbitrator is set aside. Within 30 days from today, the appellants herein shall appoint two gazetted railway officers as arbitrators. The two newly appointed arbitrators shal .....

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