% 28-01-2004 Present Mr.AjttPuddusery for the petUioner. Kohli for respondenlflndian COl.UllSeI. or Arbitration. Ms.Tamali Wad flir respondentlUnion or Indi.a. '1i.S.K. Singla for Tel>"}londent. + WP (C) Nos. 18412002, 64812002. 649/2002, 650/2002, 65212002, 680/2002,.18512002. 18612002. 188/2002. 3169/2002. 3170/2002, 317112002. 317312002, 317412002. 31]812002. 358412002, 359(121)02. :'l;OOJ20{l2. 149812002. 1499120\}2, 150112002. 150412002.1505/2002. 1506/2002. " t I .It is contended by COU.ilsel for the parties that these matters are fully covered·by a decision of the Supreme C(!nrt in the case of Food Corporation Indian Council of AdjUration & Ors. etc. IT 2003 (5) SC 480. In tbe said jud'gment. SUJlreme Court gave the foUowing directi ODS : "Keeping into consideration all these aspects, we consider it just and more appropriate, proper lUl.d re'asllnable" hoth in law and in eqwt)' and interests oJ justice to direct lCA to forthwitb and not later than sixty days from this date nominate the arhitrator as so.ugbt for by the appellant:; and p\al:t' the matters hefore such arbitrator. lea"ing ol,en to tbe parties to raise and pursue all ohjectlons and contentions and roc the. decision of ttle arbitrator as envisaged under SCction i6 of the 19% Ad. getting adjudirati<)l1 of ibe respective disputes In fllese cases on mc-nts ant! Ln accordanCf.' with law. Both parties will have leave -and liberties to do so before the arl>i.uatl>r I>n being nominated/appointed by tbe lCA, pursuant to tile.<;{' o.rders." • • Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified • . " I , ....... FoUowing tbe judgment of the Suprome Court in Food Corporation of India (supra). we diroct tIle ICA to forthwith and not later than sL..-ty days from today, nominate tbe arbitrator as sought for by the petitioner and 'place tbe matter before such arbitrator lea\ing open to the parties to raise and pnrsue. aU ·and contentions and therel;y sC<'k fqr the decision of the arbitrator as envisagetl under Section 16 of tlIt' Arhitratior and Conciliation 1996. l>esides getting adjudication of the respective d.L"1JUtes in these cases on and in accordance with law. Both the contracting parties will have leave and U/Jerties to do • so before tuearbitrator on being nominated/appointed by the IC'A pursuant·to these orders. Writpetition stands disposed orin terms thereof. • --.."" ,t""............ .. II January 18, 2004 .1. SA )0 , , ,/ /,