NON REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO………..OF 2008 (Arising out of SLP©No.9037 of 2007)

M/s.Dharmendra Construction Co.  …Appellant

VERSUS

State of Rajasthan & Ors.       …Respondents

O R D E R

1. Leave granted.

2. Heard  the  learned  counsel  for  the

parties.

3. It has now been brought to the notice of

this Court that the civil suit filed by the

appellant has already been withdrawn. A copy

of the same has already been filed in this

1

Court with an affidavit. In this view of the

matter, the impugned order is set aside and

the  High  Court  is  directed  to  decide  the

application  filed  by  the  appellant  under

Section  11  of  the  Arbitration  and

Conciliation Act, 1996 for appointment of an

Arbitrator  which  was  registered  as  S.B.

Arbitration Application NO.6 of 2005 before

the High Court of Judicature for Rajasthan,

Jaipur Bench. It is expected that the said

application  shall  be  decided  by  the  High

Court as early as possible preferably within

six months from the date of supply of a copy

of this order.  

4. We, however, make it clear that we have

not gone into the merits of the application

under  Section  11  of  the  Arbitration  and

Conciliation Act which shall be decided by

the High Court in accordance with law.

5. For the reasons aforesaid, the impugned

order is set aside and the appeal is allowed

2

to the extent indicated above. There will be

no order as to costs.  

……………………………………………J.  [TARUN CHATTERJEE]

New Delhi.  ………………………………………….J. July 14, 2008.   [AFTAB ALAM]       

3