ANIL G NAMOSHI Vs. SHASHIL NAMOSHI

JUDGEMENT

(1.) AN Arbitrator nominatad by this Court to resolve the dispute between the petitioner and the respondents, it appears has addressed a letter indicating his inability to continue to function as an arbitrator and according to the learned Counsel appearing for petitioner Sri. Vivek Reddy and learned Counsel appearing for the respondents Sri. Basavaraj Kareddy, dispute has not yet been resolved.

(2.) JUSTICE B. S. Raikote, former Judge of this Court had been nominated as an Arbitrator to function for arbitrating the dispute between the parties in terms of the order dated 24. 02. 2005. The registry has put up the letter addressed by the learned Arbitrator for further orders.

(3.) I have already taken the view that there is no question of this Court passing repeated orders for nominating an Arbitrator in terms of the powers under Section 11 (5) of the Arbitration Act, as peer the order dated 28-2-2006 passed in RP No. 247 of 2005 [in CMP No 69 of 2004]. The relevant portion of the order reads as under: