1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.319 OF 2001 WITH WRIT PETITION NO.1703 OF 2000 Chowgule Steamships Ltd. .. Petitioner V/s. Union of India & Ors. .. Respondents Mr. C.U.Singh, Senior Advoate a/w.Mr.S.R.Salgaonkar i/b. M/s.Salgaonkar & Co.for the Petitioner. Mr.V.B.Tiwari a/w.Ms.Lata Patne for Respondent No.1. Mr.V.P.Vaidya for Respondent No.2. Mr.A.s.Peerzode for Respondent No.4. CORAM : D.K.DESHMUKH and R.G.KETKAR, JJ. DATED : 15TH SEPTEMBER,2009 P.C. By consent of parties both the petitions are disposed of by common order in following terms: 2 2. The notification dated 13th June, 2000 and the terms of Reference are set aside. The Award made by the Tribunal dated 18th December, 2000 is also set aside. 3. The Central Government is directed to refer the dispute between the Petitioner and the Respondent No.2 to a One Man Tribunal in terms of the provisions of Section 150 of The Merchant Shipping Act, 1958 for making an Award in terms of the Reference. It shall be made clear in the Reference that the Tribunal has to adjudicate the dispute between the parties and make an order which is capable of being implemented, if the Tribunal chooses to make such an order. 4. The Government shall appoint a person with legal background as the One Man Tribunal. It is also agreed that the sitting of the Tribunal shall be at Calcutta. 5. The parties have agreed that the appearance of the parties shall be through lawyer. 6. The Government shall make the Reference as expeditiously as possible, in any case, within a period of 3 three months from the date on which the writ of this order is served on the Government. 7. The Tribunal shall make an Award in terms of the Reference as expeditiously as possible, in any case within a period of six months from the date on which first hearing of the Tribunal is held. 8. No order as to costs. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)