Asim Kumar Rout vs West Bengal Co-Operative ...
2023 Latest Caselaw 3186 Cal

03.05.2023
    PB
Sl. No.152.

              WPA 7204 of 2023


                  Asim Kumar Rout
                       Vs
              West Bengal Co-operative Tribunal & Anr.



              Mr. Sudeep Sanyal,
              Mr. Sukanta Das,
              Ms. Lopamudra Moitra.
                           ... For the Petitioner.
              Mr. Pradip Kr. Roy,
              Mr. Joydeep Roy.
                                .......for the State.
              Mr. P. C. Bhattacharyya,
              Mr. Chandan Kr. Lal.
                                .......for the respondent no.2.

Heard learned advocates appearing for the

respective parties.

By this writ petition, petitioner has challenged

the impugned judgment and order of the appellate

authority dated 29th November, 2022 by setting aside

the order of the Arbitrator dated 6th March, 2022 and

remanding the matter back to the Arbitrator to decide

the dispute after giving an opportunity of hearing to

the parties and to pass a fresh award by considering

all the issues raised by the petitioner.

I have perused the aforesaid judgment and order

containing the reasonings for remanding the matter

back to the Arbitrator and I am not inclined to

interfere with the same. However, the Arbitrator is

directed to expedite the matter and pass a final order

within eight weeks from the date of communication of

this order without granting any unnecessary

adjournment to either of the parties. It is recorded that

this Court has not gone into the merit of the case and

the learned Arbitrator while deciding the case shall

apply its independent judicial mind while dealing with

the case.

With this observation and direction, this writ

petition being WPA 7204 of 2023 is disposed of.

( Md. Nizamuddin, J.)