JUDGMENT

G.S. Singhvi, J.—

1. In compliance of the direction given by seven-Judge Bench in S.B.P. & Company v. Patel Engineering Ltd. and another,1 (2005) 8 SCC 618, these appeals have been listed for disposal in the light of the principles laid down in that judgment.

2. In the special leave petitions, out of which these appeals arise, the appellants had challenged orders dated 3.2.2003 passed by the Division Bench of the Bombay High Court whereby it held that the writ petitions filed against the orders passed by the learned designated Judge of that Court appointing Shri Justice M.N. Chandurkar (Retired) as the third arbitrator for resolution of the disputes between the appellants and respondent No.1 are not maintainable. For this purpose, the Division Bench relied upon the judgment of this Court in Konkan Railway Corporation Ltd. and others v. Mehul Construction Company,2 (2000) 7 SCC 201, which was subsequently approved by a Constitution Bench in Konkan Railway Corporation Ltd. and another v. Rani Construction Pvt. Ltd.3 (2002) 2 SCC 388. The ratio of the Constitution Bench judgment was that the power exercised by the Chief Justice or any person or institution designated by him