" tL' I ) ;', % 28·01-2004 • • Mr.AJit Puddusery for till! petitioner. \1s,sanduya Kohli for responden1l1ndian Counisel Qf Arbitration. vrs.TamaLi Wad for l'espondt!UtlUnion of fum.a• . :\1r .s.K. Singla for the respondent. + ."\lP 64812002. 649/2002, 650/2002, 651120112. 65212002, 66512002 .... fi§QI2002, 18512002, 18612002. 18812002. 316912902, 3170/2002. 317112002, 3173/2002. 317412002. 3178/2002. 35tW200].. 3(,00/2002, 149812.002. 149912002. 15001l0iU, 150112002, 150412002.150512002, ]50612002 . .. 1t is contended by cOlUlSei for the parties tbat these matters are • fully covered by a decision of tile Supreme Col,ll1 in tile caseo! food Corporation of Ioll.ia Vs. Indiap Council & Drs.. etc. IT 200..' (5) SC 480. In the said judgment. Supreme Court gave the following directi.ons : "Keeping into consideration aU these aspec1s. we consider it just and more ,,-pproprlate, .proper and reasonahle. both tn law and in equity and llltere!>1B .of justice to direct leA to forthwith and not lat<!!r than sL,-ty days from this date nominatetlH! arbitrator as SQught for by the appeUaIlt:. and plare the matters before .'>1lch arbitrator, iea1ling open to tht< parties to raise Ilnd pursue all oh.lections aoll and thereby seek for the decision of tbe arbitrator as en';llagt!lt under Section 16 oJ'the ]99u Act. getting of ibt" TCSllf.cUVt" disputes in tileSIt' cases on merits and in acco,c:aucr wHb law. BotlJ Jlarties will bave lea"e and liberties to sol)efore 1hc arl>itrator on being nominatedlappointed ]lY the TeA. pursuant to oruer.;!' • ., Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified • ....." FoUowing tbe judgment of tlte Supreme Com1 in Food Corporation of India (supra). we direct the lCA to forthwith amI not later tl\an sbcty days from today. noniinate the arbitrator as sought for by the petitioner and place the matter before ruch arbitrator leaving open to the llarties to rai.'Ie and pursue all t)lljections and COlltentions and thereh} seek for the decision of tile arbitrator as'envisaged under Section 16 of tile . . t:? Arbltratior and Conciliation Act, 1996. llesides getting adjudication oftlw. r respective disputes in these ca.'les on and in accordance with law. Both tlie contracting parties will ha"\'e IClj.ve and Uberties to do so before the arbitrator on being nominated/appointed by the lCA pursuant to these orders. Writ petition st!!llds disposed oCin terms thereof. L n 'l Vijender 11iin. J. II " . t ... J:muary 28, 2004 1I.R.:\lalbotra. J. SA ,