(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Arbitration Appeal No. 14 of 2009 With Arbitration Appeal No. 18 of 2009 With Arbitration Appeal No. 19 of 2009 Shri Satish Sitaram Deshmukh, Age : 46 years, Occupation : Government Contractor, R/o. "Dnyanai", Plot No. 25, Saraswati Colony No.2, Georai, Taluka : Georai, District : Beed. .. Appellant. versus The Executive Engineer, Jaikwadi Irrigation Division, Nathnagar (North), Paithan, Taluka : Paithan, District : Aurangabad. .. Respondent. .......................... The appellant and the respondent in the three appeals are same. ............................ (2) Mr. A.K. Gawali, Advocate, for the appellant. Mr. V.S. Bedre, Advocate, for the respondent. .......................... CORAM : B.R. GAVAI, J. Date of reserving the judgment : 30th July 2010 Date of pronouncing the judgment : 9th August 2010 JUDGMENT : 1. Since the parties, so also, factual and legal position are common in all these appeals, they are heard together and are being disposed of by this common judgment. 2. In Arbitration Appeal No. 14/2009, the appellant challenges the order dated 17th August 2009, passed by the learned Principal District Judge, Aurangabad, in M.A.R.J.I. 201/2001, thereby allowing the application filed by the respondent and setting aside the award passed by the sole Arbitrator in respect of contract No. LCB 6/1995-96. By the same order, Regular Darkhast No. 208/2001, filed by the appellant for execution of the award passed by the Arbitrator, (3) also came to be dismissed. 3. In so far as Arbitration Appeal No. 18/2009 is concerned, the said appeal arises out of the order dated 17th August 2009, passed by the learned Principal District Judge, Aurangabad, in M.A.R.J.I. No. 203/2001, thereby allowing the application filed by the respondent and setting aside the award passed by the sole Arbitrator in respect of contract No. LCB 9/1995-96. By the same order, Regular Darkhast No. 206/2001, filed by the appellant for execution of the award passed by the Arbitrator, also came to be dismissed. 4. In so far as Arbitration Appeal No. 19/2009 is concerned, the same challenges the order dated 17th August 2009, passed by the learned Principal District Judge, Aurangabad, in M.A.R.J.I. No. 202/2001, thereby allowing the application filed by the respondent and setting aside the award passed by the sole Arbitrator in respect of contract No. LCB. 6/1996-97. By the same order, Regular Darkhast No. 207/2001, filed by the appellant for execution of the award passed by the Arbitrator, also came to be dismissed. 5. The learned Principal District Judge has allowed the applications of the respondent, only on two grounds, (i) that, the (4) Arbitrator, who was a retired Superintending Engineer, had no jurisdiction to entertain the arbitration proceedings, inasmuch as, under Clause 53 of the General Conditions of Contract, it is only an officiating officer of the Department who can work as an Arbitrator, and (ii) that, there are no valid reasons given in the arbitration award. 6. Since it was noticed that on some reason or the other, the respondent / Department did not avail of an opportunity of defending its case before the Arbitrator, it was suggested to the parties, to consider as to whether the claim of the appellant could be referred for arbitration afresh, to an Arbitrator to be appointed by consent of the parties. 7. Mr. A.K. Gawali, learned Counsel appearing for the appellant, and Mr. V.S. Bedre, learned Counsel appearing for the respondent, on instructions of their clients, state that they have no objection for referring the matter afresh to an Arbitrator. The parties have agreed on the name of Shri A.S. More, Superintending Engineer and Administrator, Command Area Development Authority, Jalgaon, as an Arbitrator. It is further agreed between the parties, that the arbitration proceedings would be conducted at Aurangabad so as to suit convenience of (5) both the parties. 8. (i) In that view of the matter, without going into rival contentions on merits of the matter, the impugned orders dated 17th August 2009, passed by the learned Principal District Judge, Aurangabad, in M.A.R.J.I. Nos. 201/2001, 202/2001 and 203/2001, so also, the award passed by the learned Arbitrator, dated 6th June 2001, in respect of contract Nos. LCB 6/1995-96, LCB. 6/1996-97 and LCB 9/1995-96, are quashed and set aside. The matter is referred to arbitration afresh. (ii) Shri A.S. More, Superintending Engineer and Administrator, Command Area Development Authority, Jalgaon, is appointed as an Arbitrator. (iii) The appellant shall submit his fresh statement of claim before the learned Arbitrator within a period of 15 days from today. (iv) The respondent / Department shall be at liberty to submit their statement of defence within a period of one month from the date of submission of claim by the appellant. (6) (v) The Arbitrator shall conclude the arbitration proceedings within a period of six months from the date of submission of statement of defence by the respondent / Department. (vi) It is further agreed between the parties, that the proceedings of arbitration shall be conducted at Sinchan Bhavan, Jalna Road, Aurangabad. 9. The appeals are, therefore, disposed of, in the aforesaid terms. However, parties shall bear their own costs. ( B.R. GAVAI ) JUDGE ......................... bgp/arba14etc