Paradip Port Trust vs Paresh Constructions And
2022 Latest Caselaw 1994 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           WP(C) No.5558 of 2022
                           (Through Hybrid mode)

            Paradip Port Trust                     ....           Petitioner

                                                  Mr. P.K.Nayak, Advocate

                                       -versus-
            Paresh Constructions and               ....      Opposite Party
            Foundations Pvt. Ltd.


                     CORAM: JUSTICE ARINDAM SINHA
                                     ORDER

28.03.2022 Order No.

01. 1. Mr. Nayak, learned advocate appears on behalf of petitioner and submits, his client is respondent in the reference. Opposite party-claimant made application for extension of time under section 29A, Arbitration and Conciliation Act, 1996. In that application a further prayer was made. The prayer is reproduced below.

"c. That the Respondent- Paradip Port Trust be directed to deposit Rs.24 lakhs; the fees of the Honourable Sole Arbitrator in the Court and the same may be credited to the Honourable Sole Arbitrator's account."

2. He refers to impugned judgment dated 22nd December, 2021 and submits, the Court below could not have adjudicated

// 2 //

on above prayer. A passage from impugned judgment is reproduced below.

"The sole Arbitrator has given ample time to decide the fee payable to him for declaration of the award but the parties did not take any effective step to settle the matter. So, the claim of sole arbitrator amounting to Rs.23,91,449/- as per 4th schedule of Sec-11(4) r/w Sec-38 of the Act is justified and in consonance with the provisions of the Act."

3. Issue notice along with this order on opposite party. Petitioner will put in requisites.

4. List on 18th April, 2022.

(Arindam Sinha) Judge RKS