:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 34 OF 2006 M/s. Techma Engineering Enterprise & anr. .. Applicants Vs. Union of India and ors. .. Respondents Ms. Vaidehi Kamat i/b P.M. Pradhan for applicants. Mr. T.J. Pandian for respondents. CORAM CORAM CORAM : B. H. MARLAPALLE,J. : B. H. MARLAPALLE,J. : B. H. MARLAPALLE,J. Date Date Date : March 10, 2006. : March 10, 2006. : March 10, 2006. P.C.: P.C.: P.C.: 1. This application was filed on or about 5/12/2005 under Section 11 of the Arbitration and Conciliation Act, 1996. Mr. Pandian the learned counsel appearing for the respondents has placed on record a copy of the order issued from the General Manager’s office on 15/12/2005. It has been stated in the said communication that pursuant to the order passed by this court on 17/6/2004 in Arbitration Petition No.321 of 2004, the General Manager has appointed Mr. R.R. Prasad, Chief Material Manager (G), Central Railway, Mumbai CST as the sole Arbitrator for settling of the claims/disputes regarding forfeiture of S.D. and recovery of G.D. by Central Railway and a copy of the said order dated 15/12/2005 has also been addressed to the applicants. :2: 2. By a separate communication dated 15/12/2005 the Deputy Chief Engineer/TP informed the applicants that the recovery of General Damages shall be filed before the Arbitrator and a copy of the order appointing the sole Arbitrator was forwarded to the applicants. The copies of both these communications are taken on record and separate copies are also served on the learned counsel for the applicants. 3. In view of these developments i.e. the appointment of the sole Arbitrator pursuant to the order passed by this court on 17/6/2004, this fresh application does not survive. 4. The application is, therefore, returned. (B.H. (B.H. (B.H. Marlapalle, J.) Marlapalle, J.) Marlapalle, J.)