HON’BLE SRI JUSTICE G.V. SEETHAPATHY C.R.P. No. 520 of 2001 DATED: 05.02.2010 Between: 1. The Superintending Engineer, T.B.P. H .L.C. Circle 2. The Executive Engineer .. Petitioners And 1. G. Subbanna 2. The Superintending Engineer (R & B) .. Respondents O R D E R:- This Civil Revision Petition is directed against the order dated 25.10.2000 made in O.P. No.144 of 1992 on the file of the Principal Senior Civil Judge, Anantapur, wherein the petition filed by the 1st respondent herein, a contractor, under Section 8(1)(b) of the Arbitration Act, seeking appointment of an Arbitrator, was allowed. Heard the learned counsel for both the parties and perused the records. The 1st respondent herein filed O.P. No.144 of 1992 seeking appointment of fresh panel of arbitrators as previous panel of arbitrators has not passed any award within the time stipulated and there being no extension of time for passing the award. The petitioners herein, the Government, opposed that application. After hearing both sides, the learned Principal Senior Civil Judge, Anantapur allowed the petition directing the Government to appoint fresh panel of arbitrators by filling up vacancies with the persons of equal cadre, within a period of one month, and thereafter, the arbitrators shall complete the enquiry and pass award within a period of four months. The trial Court further directed that in case of default of appointment of panel of arbitrators by the Government, the Superintendent Engineer (R&B), Kurnool is appointed as sole arbitrator for adjudication of the dispute within a period of four months. The later part of the above order is now impugned in the present revision petition on the ground that the agreement does not contemplate appointment of sole Arbitrator. It is not disputed that the agreement entered into between the parties contemplates that the dispute was referred to a panel of arbitrators, but not to any sole arbitrator as the earlier panel of arbitrators appointed could not complete the work and pass the award in time and no extension of time was granted for passing the award, and the learned Principal Senior Civil Judge has rightly directed the Government to appoint fresh panel of arbitrators by filling up the vacancies with the persons of equal cadre. However, the further direction that in case of default of appointment of fresh panel of arbitrators by the Government, the Superintendent Engineer (R&B), Kurnool is appointed as Sole Arbitrator for adjudication of the dispute, is not sustainable in view of the terms of the agreement entered into between the parties which does not contemplate appointment of sole arbitrator at all. Under those circumstances, the impugned order to the extent it directs the appointment of sole arbitrator in case of default of appointment of fresh panel of arbitrators by the Government is held unsustainable, and the same is accordingly set aside. The rest of the order passed by the trial Court, shall however, remain unchanged. The Civil Revision Petition is accordingly disposed of. No order as to costs. ___________________ G.V. SEETHAPATHY, J 5th February, 2010 bcj