IN THE HIGH COURT OF JUDICATURE AT PATNA REQ. CASE No.37 of 2008 M/S PRASAD CONSTRUCTION & CO. Versus UNION OF INDIA & ORS ----------- 07/ 29.10.2010 Vide order dated 16.01.2009 the instant request case was disposed of after appointing a retired Judge of this Hon’ble Court Mr. Syed Mohammad Mahfooz Alam as Arbitrator. 2. A letter dated 18.09.2010 (Flag-R) is received from the said Arbitrator expressing his inability to continue as Arbitrator. Hence, another sole Arbitrator has to be appointed. 3. Learned counsel for the petitioner suggests the name of a retired Judge of this Hon’ble Court who was also the Chief Justice of other Hon’ble High Court, Mr. Binod Kumar Roy for being appointed as Arbitrator. Learned counsel for the respondents has no objection. 4. In the said circumstances, as prayed for, a retired Judge of this Hon’ble Court Mr. Binod Kumar Roy, resident of R.K. Avenue, Kadamkuan, Patna is appointed as Arbitrator to adjudicate the dispute between the parties. The learned Arbitrator shall be at liberty to adopt the procedure to be gone into during arbitral proceeding in accordance with law, as also to fix his fees and other expenses. 5. Accordingly this request case is disposed of with the said observation/direction. The parties are directed to appear before the said Arbitrator at his residence within one month from today along with a copy of this order. The respondents will be at liberty to raise their objections before the said Arbitrator. 2 6. Let the records received from the erstwhile Arbitrator be remitted to the newly appointed Arbitrator. Harish (S.N. Hussain, J.)