IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Arb.A.No. 22 of 2007() ---------------------- OP.8/2004 of PRL.S.C.,THALASSERY .................... APPELLANTS/RESPONDENTS -------------------------------- 1. UNION OF INDIA, REPRESENTED BY THE CHIEF ENGINEER, CHENNAI ZONE, MILITARY ENGINEER SERVICES, CHENNAI. 2. SHRI.RAJENDRA PRASAD, JOINT DIRECTOR GENERAL(CONTRACTS), ARMY HEADQUARTERS, QMG'S BRANCH/ADGTE, KASHMIR HOUSE, ROOM NO.122, RAJAJI MARG, NEW DELHI-110001. BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI RESPONDENTS/PETITIONER -------------------------- P.DIVAKARAN, 51 STADIUM COMPLEX, CANNANORE-670001, KERALA NOW RESIDING AT "VAGDHA", THULICHERRY ROAD, CANNANORE-4. (died) *2. T.P.LASSENA DIVAKARAN (WIFE), AGED 45 YEARS. RESIDING AT 'VAGDA' HOUSE, POST ALARIL, VAIDYAR MUKKU, KANNUR - 670008. *3. DILASH DIVAKARAN, (SON) AGED 26, -DO -DO. *4. DANUSHA DIVAKARAN (DAUGHTER AGED 22, -DO -DO- (ADDL. RESPONDENTS 2 TO 4 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF DECEASED SOLE RESPONDENT AS PER ORDER DATED 24.2010 IN I.A NO.503/2010. ADV. SRI.MEIJO KURIAN PUVATHINGAL FOR ADDL.R2 TO R4 SMT.PREMY MEIJO FOR ADDL.R2 TO R4 THIS ARBITRATION APPEALS HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. ------------------------- Arb. Appeal No.22 of 2007 -------------------------- Dated this the 5th March, 2010 J U D G M E N T Basheer, J. This appeal is directed against the order passed by the Subordinate Judges Court, Thalassery in an Original Petition arising under the Arbitration Act, 1940. By the impugned order, the court below has set aside the order passed by the Arbitrator and directed the Engineer-in- Chief, Military Engineering Services, Army Head Quarters, Kashmir House, New Delhi to appoint a new Arbitrator to adjudicate all the 13 claims of the petitioner in accordance with the provisions of the Arbitration Act. 2. We have heard learned Assistant Solicitor General Sri.T.P.M. Ibrahim Khan and learned counsel for the respondent Sri.Meijo Kurian. 3. Learned Assistant Solicitor General, who appears for the appellants, fairly submits that the appellants do not intend to pursue the matter before this Court any further. Appellants seek permission to withdraw Arb. Appeal No.22 of 2007 2 the appeal with liberty to raise all their contentions before the Arbitrator. 4. Permission is granted. Appeal is dismissed as withdrawn with liberty to the appellants to urge all their contentions before the Arbitrator, in accordance with law. The Engineer-in-Chief, Military Engineering Services, New Delhi shall ensure that a new Arbitrator is appointed as directed by the court below within six weeks from the date of receipt of a copy of this judgment. A.K.BASHEER ,JUDGE P.Q.BARKATH ALI,JUDGE ma Arb. Appeal No.22 of 2007 3 Arb. Appeal No.22 of 2007 4 Arb. Appeal No.22 of 2007 5