THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO.3820 OF 2002 DATED: 11.11.2005 Between: Y.Babu Rao, S/o Gajendra Rao …PETITONER And: Union of India, reptd by the General Manager, South Central Railway, Rail Nilayam, Secunderabad-500 071 and two others. …RESPONDENTS THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO.3820 OF 2002 ORAL JUDGMENT: (per Sri DSRV, J) This writ petition is filed challenging the order, dated 23.03.2001, passed by the Chief Justice of this Court in Arbitration Appeal No.41 of 2000 refusing the appointment of an Arbitrator. In normal course, against the impugned order, a writ petition would lie to the High Court under Article-226 of the Constitution of India as per the judgment of the Apex Court in Konkan Railway Corpn. Ltd.& anr. Vs.Rani Construction Pvt. Ltd.. But the said judgment had been overruled by a Larger Bench of the Apex Court in M/s S.B.P. & Co. Vs. Patel Engineering Ltd. and another, wherein it was held that the order of the Chief Justice either appointing an Arbitrator or rejecting the application filed under Section-11 of the Arbitration and Conciliation Act, 1996, has to be challenged only before the Apex Court, the same being a judicial order. The Apex Court also made it explicitly clear that the above judgment would come into effect from 26.10.2005. In view of the judgment of the Apex Court in M/s S.B.P. & Co. (2nd supra), the present writ petition is liable to be dismissed and is accordingly dismissed, with liberty to the writ petitioner to take recourse as held by the Apex Court in S.B.P.& Company’s Case (2nd supra). No order as to costs. _______________ D.S.R.VARMA, J 11.11.2005 DR ______________________ P.SWAROOP REDDY, J