Ashok Kataria vs Assistant Commissioner Tribal ...
2021 Latest Caselaw 5719 MP

1                             A.C.No.85/2019
                 (Ashok Kataria Vs. Assistant Commissioner)

Indore : Dated 20.9.2021

      Shri Sandeep Kochatta, learned counsel for the applicant.

      Shri   Sudhanshu      Vyas,    learned   Panel    Lawyer    for   the

respondent/State.

Heard on I.A.No.5438/2021.

Though, this application styled as application for appropriate

direction, however, in the prayer a liberty is sought to approach the

Arbitration Tribunal for deciding the dispute arose between the parties in

an expeditious manner.

Learned counsel for the applicant referring to the judgment of the

Hon'ble Supreme Court in the case of M.P.Rural Road Development

Authority Vs. L.G.Chaudhary Engineers & Contractors, (2018) 10 SCC

833, submits that dispute of the nature raised can be addressed by the

Arbitration Tribunal created under the Madhyastham Adhikaran

Adhiniyam. The applicant has inadvertently filed the instant application

under Section 11(6) of the Arbitration and Conciliation Act, 1996

seeking an appointment of Arbitrator.

Per contra, Shri Vyas, learned Panel Lawyer for the respondent,

does not oppose the prayer so made to approach the aforesaid Tribunal.

In view of the aforesaid the A.C.No.85/2019 is disposed of with

liberty to the applicant to approach the Arbitration Tribunal.

At this stage learned counsel for the applicant submits that since

period of limitation is prescribed under the Act and the instant

(Ashok Kataria Vs. Assistant Commissioner)

application may be barred by time, hence the delay may be condoned for

the period this Arbitration Case is pending before this Court.

In the ends of justice and in absence of opposition the prayer is

allowed. The Tribunal shall be well advised to consider the period of

limitation after excluding the period for which the Arbitration Case has

been pending before this Court and thereafter proceed in the matter on

merits.

(Rohit Arya) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2021.09.20 18:13:40 +05'30'