Birat Chandra Dagara vs Biswajaya Dagara And Another
2022 Latest Caselaw 1652 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.3990 Of 2022
                           (Through hybrid mode)

        Birat Chandra Dagara                      ....         Petitioner

                                       Mr. Banshidhar Baug, Advocate

                                   -versus-

        Biswajaya Dagara and another              ....   Opposite Parties
                                          Mr. R. Banerji, Sr. Advocate


                  CORAM: JUSTICE ARINDAM SINHA

Order                             ORDER
No.                              03.03.2022

  2.    1.      Mr. Baug, learned advocate appears on behalf of petitioner and

submits, the arbitrator was ineligible to have been appointed as per

entry 15 in the VII schedule of Arbitration and Conciliation Act, 1996.

There was no express agreement of waiver regarding the ineligibility,

as required by the proviso under sub-section (5) in section 12. He

relies on judgment of the Supreme Court in Bharat Broadband

Network Ltd. v. United Telecoms Ltd. reported in (2019) 5 SCC

755, paragraph-20 for declaration of law to be that express waiver

must be only if made subsequent to dispute having arisen between the

parties. He submits further, the suit, in which the arbitrator was

engaged, has as its subject matter the mine. Disputes in the reference

are also on subject matter of the mine.

// 2 //

2. Mr. Banerji, learned senior advocate appears on behalf of

opposite party no.1 and on query from Court he submits, by clause-6

in agreement dated 31st December, 2009, parties had agreed to

arbitration by the sole arbitrator. Mr. Banerji will be heard on 8th

March, 2022.

3. List on 8th March, 2022 along with W.P.(C) no.40132 of 2021.

(Arindam Sinha) Judge Sks