JUDGMENT:

(Arising out of SLP (C) No.15656 of 2006)

V.S. SIRPURKAR, J.

1. Leave granted.

2. An order under Section 11(6) of the Arbitration and Conciliation Act, 1996 hereinafter called as "the Act" for short) appointing Arbitrators, passed by the Designate Judge of the Bombay High Court is questioned in this appeal at the instance of Shree Ram Mills Ltd. (hereinafter called "the petitioner").

3. The said order is assailed mainly on two grounds, firstly, that there was no live issue in existence in between the parties and the learned Judge erred in holding that there was a live issue in between the parties and secondly that the claim had become barred by limitation between the parties. As against this the respondents M/s.Utility Premises (P) Ltd., supported the order and pointed out that in pursuance of the order passed not only had the Arbitrator been appointed but they had also chosen the third Arbitrator to preside

over the Arbitral Tribunal and the Arbitral Tribunal had commenced its proceedings. Presently the proceedings before the Arbitral Tribunal are stayed.

4. It has, therefore, to be decided as to whether the order passed under Section 11(6) of the Act appointing the Arbitr