IN THE HIGH COURT OF BOMBAY AT GOA APPLN. FOR APPOINTMENT OF ARBITRATOR NO. 3 OF 2006 M/S R.B.S. CANDIAPARCAR BY ITS ....Applicant PARTNER SHRI ARVIND P. KHANDEPARKAR Versus THE CHIEF ENGINEER AND 2 ORS., ....Respondents Mr. P.A. Kholkar, Advocate for the Applicant. Mr. C.A. Ferreira, Assistant Solicitor General for the Respondents. Coram:- V.C. DAGA, J. Date:- 4th August, 2006 P.C.: Heard rival parties. Perused petition. Heard finally by consent of parties. The applicant herein is seeking appointment of Arbitrator since the respondents failed to appoint Arbitrator within the specified time. However, it appears that by Order dated 24th April, 2006 Shri J.B. Fadia, Arbitrator, Ministry of Urban Development, Mumbai came to be appointed as the Sole Arbitrator after filing of this application. The said letter is placed on record. The learned counsel appearing for the applicant relying upon the judgment of the Apex Court in the case of Datar Switchgears Ltd. v. Tata Finance Ltd. and another reported in (2000) 8 SCC 151 submits that once the application for appointment of Arbitrator is filed, thereafter none of the parties to the dispute have a right to appoint arbitrator. It is only the Court, who has the power to appoint the Arbitrator. In this view of the matter, the appointment of Shri J.B. Fadia is sought to be challenged. The contention is that the said appointment is without jurisdiction being in breach of the law laid down by the Apex Court in the above decision. The learned counsel appearing for the applicant was directed to assist the Court by furnishing names of the persons to be appointed as Arbitrator. Accordingly, list came to be submitted. Having heard the parties and looking to the consensus between them, Shri G.U. Bhobe, Former Member of Goa Public Men's Corruption (Investigation & Inquiries) Commission, is appointed as sole Arbitrator to arbitrate the dispute between the parties. The Arbitrator is directed to adjudicate upon the dispute between the parties in respect of the tabulated claim produced on record at Exhibit 'B' (pages 14 to 27). It is needless to mention that it would be open for the opponent to set up any counter claim as may be permissible in law, for adjudication by the sole arbitrator appointed herein. The parties shall share the remuneration of the Arbitrator in the ratio of 50 : 50. Application is disposed of. No order as to costs. V.C. DAGA, J. sl.