1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.461 OF 2007 Airports Authority of India Petitioner versus Nitin Construction Co. No.2 Respondent Mr.Gaurav Joshi with Ms.Lopo Munim i/by M/s.Rajesh Kothari & Co. for petitioner. Ms.Veena Thadani and Mr.Vishal Thadani for respondent. CORAM : S.J.KATHAWALLA, J. DATE : 30th November 2010 PC : 1. Heard learned advocates appearing for the parties and following order is passed :- (a) By consent of the parties, the award impugned in this petition dated 15th February 2007 is set aside; (b) The petitioner shall appoint an Arbitrator as per Clause-57 of the Conditions of Contract for Construction and/or Maintenance Works in Airports Authority of India to decide the disputes which were subject matter of the impugned award within a period of 12 weeks from the date of this order; (c) The learned Arbitrator shall endeavour to pass an award within a period of six months from the date of the first meeting held before him; (d) All contentions of the parties are kept open; 2 (e) As far as the issue of limitation is concerned, the parties shall be entitled to claim benefit under section 43(4) of the Arbitration & Conciliation Act, 1996. 2. The Arbitration Petition is accordingly disposed of. (S.J.KATHAWALLA, J.)