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1 - 2 of 2 (0.68 seconds)M/S. Konkan Railway Corporation Ltd. & ... vs M/S. Rani Construction Pvt. Ltd on 30 January, 2002
7. Considering the nature of these three cases and also keeping in
view of the decision of the Apex Court rendered in Konkan Railway
(supra), I am of the view that Section 11 of the Act of 1996 empowers
the Chief Justice or his designate to fill the gap left by a party to the
arbitration agreement and to ensure that the nomination of the
Arbitrator is made by a person occupying high judicial office or his
designate, who shall take due care to see that a competent, independent
and impartial arbitrator is nominated. Therefore, it would be just and
proper to nominate an independent and impartial arbitrator so as to
enable the arbitrator to resolve the disputes raised by the party
concerned in terms of the related clause of the agreement. During the
course of the proceedings of these cases, Mr. P Dey produced a copy of
the office letter dated 18.2.2002 marked as 'X' for identification thus
furnishing three retired Chief Engineers whose particulars and identity
are given below :
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