ORDER :

Jagdish Singh Khehar, CJI.

1. The question, that arises for consideration, truly emerges from two orders passed by the High Court at Calcutta (hereinafter referred to as the “High Court”), dated 24.5.2002, and 26.9.2002. The order dated 24.5.2002 is reproduced below :

“THE COURT : The Learned Counsel appearing for the respondent submitted that the State of West Bengal may be granted liberty to prefer counterclaim, if any, before the Learned Arbitrator. Mr. Dutta, the Learned Counsel appearing for the petitioner very fairly submitted that it will always be open to the respondent to prefer its counterclaim, if any, before the Learned Arbitrator and there cannot be any possible objection to this from his client. Accordingly, there is no reason why the matter should not be placed before the Hon'ble the Chief Justice for appointment of an Arbitrator.

Let the matter be placed before His Lordship for nominating a fit and proper person to act as the Arbitrator as prayed for.”

2. Likewise, the order dated 26.9.2002, is extracted below :

“The Court : In exercise of power under Section 11 of the Arbitration & Conciliation Act, 1996 I appoint Justice S.S. Ganguly (Retd.) as Arbitrator to dec