1 S.B. CIVIL MISC. APPEAL NO. 2523/04 UNION OF INDIA AND ANOTHER VS. ARVIND AND COMPANY DATE OF JUDGMENT;- 22.1.2008 HON'BLE MR. JUSTICE GUMAN SINGH Mr. Mrs. Anjoo Shukla for the appellants Mr. R.P. Vijay for the respondent This appeal is directed against the order dated 31.7.2004 passed by Additional District Judge No. 4, Kota , whereby he appointed Arbitrators under Section 20 of the Arbitration Act, 1940 (for short 'the Act'). Counsel for the appellants submits that a review petition was filed and the same was also dismissed vide order dated 29.9.2004. Learned counsel for the appellants submits that in view of the general condition No. 64(3), the General Manager has to over see all the arbitral proceedings commenced in pursuance of the said condition and under such circumstances, it would not be proper to appoint him as the umpire along with two arbitrators. The learned trial court has observed in its order dated 29.9.04, that in view of the commencement of the Arbitration and Conciliation Act, 1996, there is need to appoint three Arbitrators, so that Award may be passed by majority . The counsel for the respondent has no objection if the order of appointment is modified 2 accordingly as the arbitration has not yet commenced. In view of the above submissions, the impugned order dated 31.7.04 read with review order dated 29.9.04 , stand modified to the extent that instead of two, three arbitrators shall be nominated by the General Manager. With the above directions, the appeal stands disposed of. (Guman Singh)J.