JUDGMENT :

SHIVA KIRTI SINGH, J.

1. The appellants have assailed the legality and correctness of final order dated 25.02.2014 passed in Arbitration Petition No.14 of 2013 by an Hon’ble Judge of Gauhati High Court designated by the Chief Justice of that Court to decide respondents’ applications under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’). By the impugned order the designated Judge allowed the application under Section 11 of the Act and appointed a former Judge of that Court as the Arbitrator after holding that the appellants had forfeited their right to appoint railway officers as arbitrators in terms of clause 64(3)(a)(ii) of the agreement.

2. According to Ms. Kiran Suri, learned senior counsel for the appellants the impugned order suffers from apparent error of fact on account of misreading or non-reading of the relevant clause of the Agreement, i.e., clause 64(3)(a)(ii) which requires the contractor/respondent to make a written demand for arbitration and permits 60 days’ time to the Railways from the date of receipt of the demand, to send a panel of more than three names of eligible gazetted railway officers so that the con