IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal from Order No. 238 of 2008 UP Cooperative Processing and Cold Storage Federation Ltd. .……… Appellant Versus M/s Prime Sagar Overseas (Pvt.) Ltd. ………. Respondent Mr. N.K. Seth, Senior Advocate with Mr. Vijay Krishna, Advocate for the appellant. Mr. Siddhartha Singh, Advocate holding brief of Mr. Aditya Singh, Advocate for the respondent. & Arbitration Petition No. 27 of 2008 M/s Prime Sagar Overseas (Pvt.) Ltd. .……… Petitioner Versus UP Cooperative Processing and Cold Storage Federation Ltd. ………. Respondent Mr. Siddhartha Singh, Advocate holding brief of Mr. Aditya Singh, Advocate for the petitioner. Mr. N.K. Seth, Senior Advocate with Mr. Vijay Krishna, Advocate for the respondent. Hon’ble J.S. Khehar, C.J. Through this order, it is proposed to dispose of Appeal from Order No. 238 of 2008, as also Arbitration Petition No. 27 of 2008. 2. During the course of hearing, learned counsel for the rival parties advanced various technical issues, including the issue as to whether clause (15) of the Works Order executed between the parties, constituted an arbitration clause. Additionally, learned counsel for the parties also advanced submissions in respect of the veracity of the proceedings conducted by the alleged arbitrator, appointed by Managing Director of the PACSFED. During the course of hearing, however, learned counsel for the rival parties agreed to a mutual settlement, by agreeing that the arbitration be conducted by Sri Jaipal Singh, Executive Engineer, who came to be appointed as arbitrator consequent upon a decision of the District Judge, Dehradun in Case No. 10 of 2007 dated 15.04.2008. Learned counsel for 2 the parties are also agreed that the aforesaid proceedings shall be conducted at Dehradun. 3. In view of the above, it is imperative that the arbitration award, earlier rendered by Sri R.K. Singh (the then Executive Engineer of the PACSFED), shall be deemed to have been set aside. The present arbitrator Sri Jaipal Singh, agreed to by the learned counsel for the rival parties, shall adjudicate upon the matter, based on the evidence led by the rival parties, without reference to the earlier order passed by Sri R.K. Singh. 4. In view of the aforesaid agreed order, Appeal from Order No. 238 of 2008, as also Arbitration Petition No. 27 of 2008, are hereby disposed of. (J.S. Khehar, C. J.) 19.03.2010 G