: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.158 OF 2006 Shree Gajanan Milk Transport Co-operative Society Limited ....Petitioner V/s. Dairy Manager, Government Milk Scheme, & Ors. ....Respondents Mr.V.Dhond with Mr.Sandeep Parekh and Mr.Deepak Poonamiya i/b India Law Alliance for the Petitioner. Mr.P.G. Lad, A.G.P. for the Respondents. Mr.Dwarkaprasad B. Mishra, Dairy Manager, Government Milk Scheme present. CORAM : S.J. VAZIFDAR, J. DATED : 26TH JUNE 2006. P.C. : 1. By consent the Petition is admitted and heard finally. Mr.Dwarkaprasad B. Mishra, Dairy Manager, Government Milk Scheme is present in Court. 2. The award is liable to be set-aside for two reasons. Firstly, the Arbitrator has not dealt with the contentions raised by the Petitioner. Secondly in the operative part of the order, it is also provided as under:- "It is ordered that the Dairy Manager, Government Milk Scheme, Chiplun should, however, again verify the facts and vehicles in the : 2 : light of the observations made above before finally making recovery from the Transport Contractor i.e. Shree Gajanan Mili Transport Co-operative Society Ltd., Pune." It is difficult to see how this award can be executed. 3. In the circumstances, the award is set-aside. 4. The parties have agreed that the disputes and differences be now referred to the sole arbitration of Mr.Rahul Chitnis, an advocate of this Court. The Petitioner has agreed to bear the costs of the arbitrator initially. The same shall be subject to the orders in this regard that may be made by the learned arbitrator.