Hon'ble Judges/Coram:
A.M. Khanwilkar and Ajay Rastogi

JUDGMENT

Ajay Rastogi, J.

1. Leave granted.

2. The question that arises for consideration in the batch of appeals by special leave is as to whether (1) the High Court was justified in invoking amended provision which has been introduced by Arbitration and Conciliation (Amendment Act), 2015 with effect from 23^rd October, 2015 (hereinafter being referred to as "Amendment Act, 2015"); (2) whether the arbitration agreement stands discharged on acceptance of the amount and signing no claim/discharge certificate and (3) whether it was permissible for the High Court Under Section 11(6) of the Arbitration and Conciliation Act, 1996 (prior to the Amendment Act, 2015) to appoint third party or an independent Arbitrator when the parties have mutually agreed for the procedure vis-a-vis the authority to appoint the designated arbitrator. The High Court has passed separate orders in exercise of its powers Under Section 11(6) of the Act, 1996 in appointing an independent arbitrator without adhering to the mutually agreed procedure under the agreement executed between the parties. Since the batch of appeals involve common questions of law and facts with the consent of parties, are disposed off by the present judgment.

3. The facts have been noticed from civil appeal arising out of SLP(Civil) No. 2166 of 2018.

4. The work for construction of office accommodation for officer and rest house was allotted to the Respondent contractor, at Dungarpur in the State of Rajasthan on 21^st December, 2011. As alleged, the extension was granted by the Appellants to complete the work by 31^st March, 2013. The measurement was accepted by the Respondent under protest and when Appellants officials failed to clear 7^th final bill until the Respondent put a line over "under protest" and signed no claim certificate. The total value of the work executed was of Rs. 58.60 lakhs against which Rs. 55.54 lakhs was paid and escalation cost was not added with interest @ 18% over delay payment. Demand notice was sent to the Appellants to appoint an arbitrator invoking Clause 64(3) of the GCC to resolve........