S.B.CIVIL MISC. APPEAL NO.68/1998. M/s. Meel & Company V/s. Govt. Of Rajasthan & Ors. 1 S.B.CIVIL MISC. APPEAL NO.68/1998. M/s. Meel & Company V/s. Govt. of Rajasthan & Ors. Date of Order: 2nd July, 2009 HON'BLE MR. JUSTICE DALIP SINGH Mr. G.C.Garg] Mr. Alok Garg], for the appellant. Mr. Hari Barath, Dy. Govt. Counsel. During the course of hearing it was submitted that an application submitted by the appellant for appointment of an independent arbitrator was rejected by the learned District Judge inter alia on the ground that the appellant contractor had the remedy under clause 23 of the Contract Agreement seeking reference of the dispute before the standing committee and in view thereof the application submitted by the appellant for appointment of independent arbitrator was rejected it was submitted by the learned counsel for the appellant that the appellant is now willing to submit the application for S.B.CIVIL MISC. APPEAL NO.68/1998. M/s. Meel & Company V/s. Govt. Of Rajasthan & Ors. 2 referring the dispute in terms of clause 23 by the engineer incharge to the standing committee. The learned standing counsel for the State submitted that in case an application in terms of clause 23 of the agreement is submitted along with the requisite fee and complying with the requirement of clause 23, the application will be dealt with and in accordance with law by the respondent. In view of the above, this appeal is disposed of with liberty to the appellant to submit an application along with requisite fee as prescribed in clause 23 of the agreement within a period of four weeks from today and in case such an application is filed explaining the fact regarding the pendency of the application before the District Court as well as the pendency of the appeal before this Court the application so submitted in terms of clause 23 would be dealt with by the respondents in accordance with law for reference of the dispute before the standing S.B.CIVIL MISC. APPEAL NO.68/1998. M/s. Meel & Company V/s. Govt. Of Rajasthan & Ors. 3 committee. In view of the above, this appeal is disposed of as above and the order passed by the learned Court below stands set aside. There shall be no order as to costs. (Dalip Singh),J. Tanwar/- Jr.P.A.