Arbitration Case Nos. -50/2008 & 55/2008. 6.1.2009 Present: Mr. Duni Chand Sharma, Advocate, for the petitioner(s)- Objector(s). Mr. Baldev Singh, Advocate, for the respondent(s). In Arbitration Case No.-34 of 2007, titled as Dinesh Kumar vs. H.P. State Electricity -Board & Others, this Court vide order dated 10.01.2008 had permitted the Arbitrator to complete the proceedings, latest by 30th June, 2008. The Court noticed that in total disregard to the provisions of the Arbitration and Conciliation Act, 1996, the Arbitrator appointed by the respondent on 26th April, 2003, did not either act or complete the proceedings. Inspite of the order dated 10th January, 2008, the Arbitrator neither completed the proceedings nor passed the award. However, in terms of OMP No. 308/2008 in Arbitration Case No. 34 of 2007, an application dated 30th June, 2008, was filed seeking extension of time up to 31st October, 2008. The petitioner Shri Dinesh Kumar opposed the said application by moving an independent application OMP No.-625/2008 in Arbitration Case No.-34 of 2007. Pending further order on the said application, the Arbitrator passed the award on 16.10.2008. The Himachal Pradesh State Electricity Board did not seriously object to the petitioner(s) prayer and, in fact, on an affidavit stated that even the Board had assailed the award passed by the Arbitrator by filing objections. The Board alleged that the Arbitrator had not given the award as per Law. In terms of the award dated 16th October, 2008, the claim of the Contractor Shri Dinesh Kumar, was partly allowed and a total some of Rs.2,98,726/- along with interest @ 15% was awarded in favour of the Contractor. The Electricity-Board assailed the said award by filing an objection petition Under Section 34 of the Act, which is registered as an Arbitration Case No. 50 of 2008 titled as Himachal Pradesh State Electricity Board Vs. Dinesh Kumar. Similarly, the Contractor Shri Dinesh Kumar also filed an objection petition Under Section 34 of the Act, which is registered as Arbitration Case No.-55 of 2008, titled as Dinesh Kumar Vs. Himachal Pradesh State Electricity Board. Today, when the matter was taken up, Learned Counsel for the parties jointly prayed for the passing of the following consent order:- 1. The impugned award dated 16th October, 2008 be set aside. 2. In place of the old Arbitrator, the matter be referred to the Arbitrator Shri Arun Sharma, Member Projects (Retd), Skypton Villa, Near Ritz Cinema, Shimla-1. His consent has already been obtained by both the parties. 3. The parties shall commence the Arbitral proceedings on the basis of the record but, however, the parties be permitted to lead additional evidence, if any, and for the said purpose, not more-than two opportunities each be allowed. 4. The parties shall endeavour to conclude the arbitral proceedings without any delay and no unnecessary adjournment shall be taken by any of the parties. 5. The parties shall request the Arbitrator to conclude the proceedings as expeditiously as possible with the shortest possible period of time. 6. The fee of the Arbitrator shall be Rs.50,000/-, which shall be borne by both the parties in equal proportion. 50% of the fee shall be paid to the Arbitrator at the time of commencement of the proceedings and the balance fee shall be paid at the time of passing of the award. The Arbitrator was to conclude the proceedings on or before 30th June, 2008. Unfortunately, the same was not done. In view of the joint statement made by the parties, the arbitral award dated 16.10.2008 passed by the arbitrator-Cum-Director (PSP), H.P.S.E.B, Vidyut Bhawan, Shimla-4 in Arbitration Case No.-34 of 2007, titled as Dinesh Kumar Vs. H.P.S.E.B, is set aside. The Arbitrator is directed to hand-over the complete arbitral record to the authorized representative of the Himachal Pradesh State Electricity-Board within a period of two weeks from today. The Board shall request him for the same. In view of the agreed terms, Shri Arun Shrma, Member Projects (Retd), Skypton Villa, Near Ritz Cinema, Shimla-1, is appointed as Arbitrator to adjudicate the disputes of the parties. He shall commence the proceedings based on the record which shall be handed- over to him by the Himachal Pradesh State Electricity Board. He shall conduct the proceedings in view of the aforesaid agreed terms between the parties. He shall be entitled to fee as agreed between the parties. The Learned Counsel for the parties agree that they shall request the Arbitrator to hold the first meeting sometime in the Ist week of March, 2009. With the aforesaid observations, the Arbitration Case Nos. 50 &55 of 2008 are disposed of. The Registry is directed to send a copy of this order directly to the newly appointed Arbitrator. In view of Arbitration Case No.-50 of 2008, filed by Himachal Pradesh State Electricity-Board against Dinesh Kumar, the office objection in Arbitration Case No.-55 of 2008, is being overruled. ( Sanjay Karol ), Judge. January 6, 2009 (bhupender)