ARBAP 52/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. ARBITRATION APPLICATION NO.52/07 M/s. Technofab Engineering Ltd. Versus Superintending Engineer DATE OF ORDER :: 18/01/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ashish Kumar, for applicant Mr. R.K. Agrawal, for respondent *** Instant application has been filed u/s.15(2) of Arbitration & Conciliation Act, 1996 with the request that earlier Hon'ble Mr. Justice G.L. Gupta [Retd.] was appointed as Arbitrator on 25th May, 2006 and during pendency of petition, he was appointed as Lokayukta, Rajasthan on 30th April, 2007 - as a consequence whereof, a letter has been sent addressed to the Registrar, Rajasthan High Court dated 30th April, 2007 [Ann.4]. The date on which a letter was sent by the Arbitrator Hon'ble Mr. Justice G.L. Gupta [Retd.] on 30th April, 2007, issues were framed and parties were supposed to lead evidence. But, it has been informed to this court in the ordersheet of 28th April, 2007 statement has been recorded that parties are not inclined to lead evidence. It has been informed to this court vide letter dated 30th April, 2007 that balance fee has not been paid by the respective parties so far to Hon'ble Mr. Justice G.L. Gupta [Retd.]. Both the parties undertake that balance fee of Arbitrator ARBAP 52/07 [2] Hon'ble Mr. Justice G.L. Gupta [Retd.] will be paid without any further loss of time. As such, no orders are required to be passed. Joint request has been made that they may be permitted to make application before the Arbitrator to lead evidence. Both the parties will be at liberty to move application to lead evidence before the Arbitrator, if so advised. Since Hon'ble Mr. Justice G.L. Gupta [Retd.] cannot now adjudicate the matter, this court considers it proper to appoint Hon'ble Mr. Justice A.C. Goyal [Retd.], D-19-B, “Seema Sadan”, Meera Marg, Bani Park, Jaipur as sole Arbitrator to whom the dispute shall be referred. Remuneration of Rs.1,00,000/- & Rs.10,000/- towards expenses [to be equally shared] shall be paid to the sole Arbitrator by the parties. With the above observations, the application stands disposed of. Copy of this order be sent to Hon'ble Mr. Justice A.C. Goyal [Retd.], D-19-B, “Seema Sadan”, Meera Marg, Bani Park, Jaipur, Arbitrator forthwith and parties are directed to appear before him on 23rd February, 2008 at 4.30 PM or any other date if informed by him. Office is directed to send the record at the address of Arbitrator through Special Messenger. [AJAY RASTOGI],J. FRBOHRA,JR.P.A.52ARBAP2007 18-1.doc