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CASE NO.: Appeal (civil)  4066-4067 of 2003

PETITIONER: C.A.G. of India

RESPONDENT: State of Rajasthan & Ors.

DATE OF JUDGMENT: 28/08/2006

BENCH: Dr. AR. Lakshmanan & Altamas Kabir

JUDGMENT: JUDGMENT O R D E R  With Civil Appeal No. 4069/2003 & Civil Appeal No. 9108/2003

Heard Shri Soli J. Sorabjee learned senior counsel for the  appellant, Mr. P.P.Rao learned senior counsel for the  contesting respondents and Mr. G. Bikshapathy learned senior  counsel for the other respondents. The matters were heard at  length on an earlier occasion. These are listed for final hearing  today before us. After some discussions all the parties to these  proceedings agree that the order impugned in these  proceedings passed by the High Court in D.B. Civil  Miscellaneous Application No.2556 and 2557/2002 dated  27.11.2002 and D.B. Civil Writ Petition No. 4869/2001 dated  30.07.2002 be set aside and a sole arbitrator be appointed to  resolve the entire dispute between the parties. We, therefore  set aside the order passed by the Division Bench of the High  Court in DBCMA. No.2556 and 2557/2002 dated 27.11.2002  and DBCWP No. 4869/2001 dated 30.07.2002. No costs. All  the Civil Appeals 4066-4067/2003, 4069/2003 and  9108/2003 are disposed of accordingly. In view of the agreement between the parties we appoint  Hon’ble Mr. Justice D.P.Wadhwa, C-25, Panchsheel Enclave,  New Delhi - 110017, retired judge of this Court as the sole  Arbitrator to resolve the entire dispute between parties to  these proceedings. We order accordingly. We make it clear that this order is passed in the special  and peculiar circumstances of the case and it shall not be  treated as a precedent. We request the arbitrator to dispose off  the matter and make his award within three months from the  date of entering upon the reference. The sole Arbitrator may  take the assistance of a Chartered Accountant. The parties to  this action will bear the costs to the Arbitration proceedings  equally. The sole Arbitrator is at liberty to fix his fees in  consultation with both the parties. The Venue for Arbitration  is at Delhi. The arbitrator shall file his award in this Court.  The parties are at liberty to move the Arbitrator for any  further interim order.  Communicate this order to the sole Arbitrator now  appointed.