Shri Narayan Shukla,J.-

1. Heard Mr. Brijesh Kumar Shukla, learned counsel for the petitioners and Mr. U. K. Srivastava, learned counsel for opposite party no.1.

2. The petitioners have challenged the order dated 18.07.08 passed by Civil Judge (Senior Division), Unnao in Regular Suit No. 558 of 2007, whereby in place two arbitrators namely Mr. S. Chatarjee, Deputy Chief Mechanical Engineer(P)/Head Quarter, Northern Railway Baroda House, New Delhi and Mr. Adiya Joshi, Deputy Chief Accounts Officer (Cash and Pay, Railway,Cash Offic, New Delhi one Mr. R.G. Singh, Chief Engineer/Works Northern Railway, Baroda House, New Delhi has been appointed as sole Arbitrator.

3. The petitioners have raised finger upon the jurisdiction of Civil Court to pass the order impugned on the ground that the case in hand is governed under Arbitration and Conciliation Act, 1996, in which only Chief Justice of the High Court is empowered to appoint Arbitrator in the event of parties failed to reach an agreement.

4. The factual matrix of the case is that contract for the work-zone II earth work in embankment, constructions of minor bridges, Rail level platform at railway station and cabins at station etc. was awar

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