1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR MISC.CIVIL APPLICATION NO.750 OF 2009 (Arbitration) Satish Pandurang Wane ..vs.. The Union of India, Ministry of Rly. Delhi and ors. MISC.CIVIL APPLICATION NO.762 OF 2009 (Arbitration) Satish Pandurang Wane ..vs.. The Union of India, Ministry of Rly. Delhi and ors. MISC.CIVIL APPLICATION NO.777 OF 2009 (Arbitration) Satish Pandurang Wane ..vs.. The Union of India, Ministry of Rly. Delhi and ors. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- C ORAM : C.L.PANGARKAR, J. DATED : 12th November, 2009. 1. Heard Mr.M.Y.Wadodkar, learned counsel for the applicant and Shri N.P.Lambat, learned counsel for the non- applicants. 2 2. All these applications can be disposed by a common order since the non-applicant in all these applications is Union of India, Ministry of Railways. 3. These applications have been filed under Section 11 of the Arbitration and Conciliation Act. 4. The contention of the present applicant is that even though he has completed the work in accordance with the contract, the payment thereof has been withheld by the respondents and therefore he has been compelled to approach this court for appointment of an Arbitrator. 5. The learned counsel for the non-applicants submits that the contract has been completed and amount has been paid in full and final settlement to the applicant and there is no need to make reference to the Arbitrator. He also submits that the applicant has signed the ‘No claim Certificate’ and on account of that there is no need to make reference to the Arbitrator. 6. The learned counsel for the applicant submits that applicant wants to make reference to the arbitrator because of the fact that there is still a dispute regarding the non- payment payable under the contract. I find that even though the applicant may have signed the ‘no-claim certificate’ still that does not prevent him from approaching the court for 3 appointment of an arbitrator. The law seems to be well settled by the decision of the “Supreme Court, reported in AIR 1974 SC 158 (Damodar Valley Corporation ..vs.. K.K.Kar). 7. The learned counsel for the applicant has suggested the name of the employees of the non-applicants. The non- applicants’ counsel submits that the non-applicants are ready to forward the list of the panel of the arbitrators to the applicant and the applicant may be given choice to select one of those persons as a nominee of the applicant. 8. In view of this, the matter stands referred to the arbitration. Non applicant no.2 shall make appointment of two arbitrators. The non-applicants shall forward the list of the panel of the arbitrators to the applicant within period of four weeks. The applicant shall select one of the persons as his nominee out of them whereafter the arbitrators shall enter upon arbitration and decide the dispute. The arbitrators shall issue notice directing the applicant and non- applicants to file their statements of claim, if any. The arbitrators should enter into arbitration within period of three weeks from the date the panel is finalized and pass award within two months. JUDGE. Chute 4