Arbitration Case Nos. 47 and 51 of 2004. Arb. Case 47 of 2004. 27.10.2009 Present: Mr. Ankush Dass Sood, Additional Advocate General, for the objector / respondent/ petitioner. Mr. J.S.Bhogal, Sr. Advocate, with Ms. Tanushree Kalia, counsel for the respondent- claimant/ non objector. Arb. Case No. 51 of 2004. Mr. J.S.Bhogal, Sr. Advocate, with Ms. Tanushree Kalia, counsel for the petitioner- claimant. Mr. Ankush Dass Sood, Addl. Advocate General, for the respondent- State of H.P. Both these cases arise out of a common award made by the learned Arbitrator adjudicating the claims/ counter claims filed by the parties. On the conspectus of the entire evidence before him, the learned Arbitrator has made award in favour of the claimant Shri Mohinder Pal. Shri J.S.Bhogal, learned Senior Counsel appearing for the claimant and Shri Ankush Dass Sood, learned Additional Advocate General, have taken me through evidence and submits that the learned Arbitrator was not correct in assessing the claim of the petitioner. Shri Ankush Dass Sood, learned Additional Advocate General, submits that even -2- if the evidence on record is taken as it is; the claim as quantified could not be allowed as the material on record does not support it. I have been taken through the record which is quite bulky. Without entering into the merits of the rival contentions of the parties and considering the fact that both parties claim that their claims/ counter claims are justified from the evidence on record including the account books, Income tax returns and the documents filed, both parties have consented that the award be set aside and the case is remanded to the learned Arbitrator for decision afresh. He will hear both the parties on the evidence on record as it exists and make his award accordingly. I have not gone into the minute details of the accounts which were referred to by the learned counsel for the parties. This is the domain of the learned Arbitrator. In case the Arbitrator requires any expert assistance for the purpose of determination of controversy between the parties, it will be entirely his discretion. The award is accordingly set aside and remanded to the learned Arbitrator for decision afresh. His fee is quantified at Rs.1,00,000/- which -3- will be borne by both the parties equally. Needless to add, he will be entitled to actual expenses incurred including miscellaneous expenses for secretarial work etc. In case the learned Arbitrator requires services of an expert, he shall be entitled to fix the remuneration of such expert which will be borne equally by both the parties. Parties shall appear before the learned Arbitrator on 9.11.2009. Registry is directed to send the record to the Arbitrator forthwith along with a copy of this order. Both petitions are disposed of. All miscellaneous applications are disposed of. There shall be no order as to costs. October 27, 2009 (PC). (Dev Darshan Sud), J.