Arb.P. 32/2009 BEFORE HON’BLE THE CHIEF JUSTICE MR.R.S.GARG Heard Mr.AK Bora, learned counsel for the petitioners and Mr.G Rahul, learned co unsel for the Respondent Nos.1 and 2. Respondent No.3 is a retired Judge of this High Court, who was named as an Arbit rator in Paragraph 9.2 of the Agreement. It appears that the present petitioners have come to this Court with a submissio n that in view of a dispute, which has arisen between the parties, the matter is to be referred to arbitration to be presided over by the named arbitrator Hon’b le Justice DN Choudhury (former Judge) of this Court. After going through the terms and conditions of the agreement and also taking in to consideration that Hon’ble Justice DN Choudhury did not respond to the letter sent to him through the agency of the counsel for the petitioners, we propose t o appoint Mr.Justice SP Rajkhowa, Former Judge of this Court, vide letter dated 7.5.2010, Justice SP Rajkhowa (Retired) has consented for his appointment as an Arbitrator. Learned counsel for the parties submit that they do not object to the appointmen t of Mr. Justice SP Rajkhowa, Former Judge of this Court, as an Arbitrator. In view of the agreed submissions and the consent letter sent by Mr.Justice SP R ajkhowa, it is hereby directed that the said Hon’ble Judge Mr.SP Rajkhowa shall enter into the reference and would act as an Arbitrator in the matter. Let a copy of this order be sent to the Mr.Justice SP Rajkhowa, Former Judge of this Court, to issue appropriate notices to the parties for their appearance and filing of their claims, counter claims, written statements. The fees and the procedures of the arbitration would be settled by the Hon’ble A rbitrator himself. Petition is disposed of.