Arb. Appeal No.7 of 2003, alongwith Arb. Appeals No.8, 9 and 10 of 2003 12.10.2009. Present: Mr.Neeraj Gupta, counsel for the appellant. Mr.J.S. Bhogal, Senior Advocate, with Mr.Suneet Goel, Advocate, for the respondent. OMP No.457 of 2009 The aforesaid arbitration appeals were directed against the judgment of the learned Single Judge, dated 24th May, 2003. Vide judgment dated 25th September, 2008, we had set aside the order of the learned Single Judge and with the consent of the parties, referred the matters in dispute for adjudication to the sole arbitration of Shri S.K. Sharda, retired Chief Engineer, Maan House, Shankli, Shimla. Shri S.K. Sharda expressed his inability to decide the matters and requested this Court to appoint some other person as an Arbitrator. Thereafter, with the consent of the parties, on 8th July, 2009, we had appointed the Superintending Engineer (Arbitration), HPPWD, Solan as an Arbitrator. He has also expressed his inability to decide the matters. Now, the parties have agreed that the matters be referred for adjudication to the Chief Engineer (Transmission), HPSEB, Hamirpur or his nominee not below the rank of Superintending Engineer. In view of the above facts, we modify our judgment dated 25th September, 2008 as well as our order, dated 8th July, 2009, to the limited extent that the matters shall now be referred to the sole arbitration of the Chief Engineer (Transmission), HPSEB, Hamirpur or his nominee. The other terms and conditions of the judgment shall remain the same. In view of the fact that the dispute pertains to the year 1994 and the fact that the Arbitrator has only to re-hear the matters and pass a reasoned award on the basis of -2- the evidence already on record, we direct the Chief Engineer (Transmission) or his nominee to decide the matters as early as possible and in any event not later than 28th February, 2010. The Registry is directed to send a copy of the judgment, dated 25.9.2008, alongwith a copy of this order and the entire records of the case to the Chief Engineer (Transmission), HPSEB, Hamirpur, forthwith. A copy of this order be also sent to the Superintending Engineer (Arbitration), who shall send the records to the Chief Engineer (Transmission), HPSEB, Hamirpur immediately. The application stands disposed of accordingly. Dasti copy. (Deepak Gupta), Judge. October 12, 2009. (V.K. Ahuja), (TILAK) Judge.