1 S.B. Civil Misc. Application No.78/2009 IN S.B. Civil Arbitration Application No.56/2007 Ms. Valliram & Sons. vs. Managing Director, IRCTC & Ors. Date : 26.3.2010 HON'BLE MR. PRAKASH TATIA, J. Mr.Kamal Dave, for the applicant. Ms.Rekha Borana, for the non-applicant. - - - - - Learned counsel Ms.Rekha Borana for the original applicant who moved application for appointment of arbitrator, submitted that the objection about the competence of the arbitrator can be raised before the arbitrator, therefore, the present application is not maintainable. This Court is not inclined to decide this issue at this juncture. However, the respondents in the original application are permitted to raise their plea before the learned arbitrator. Learned Arbitrator Shri RL Meena present in Court in person as notice was issued to him so that he may submit his view, submitted that he has no objection in proceeding with the matter if the Court orders. 2 The said statement has been given by the arbitrator by showing his inclination to proceed with the matter if the Court orders. It is, therefore, made clear that after moving application before the learned arbitrator, the learned arbitrator will be free to make any order. The said application may be submitted within a period of 15 days from today. This misc. application is disposed of accordingly. (PRAKASH TATIA), J. S.Phophaliya