Mr. S.M. Chakraborty vs Mr. P.K. Dhar
2021 Latest Caselaw 369 Tri

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                       HIGH COURT OF TRIPURA
                             AGARTALA

                             Arb.P. No.03/2021

For Petitioner(s)                : Mr. S.M. Chakraborty, Sr.Advocate,
                                   Ms. Paramita Sen, Advocate.
For Respondent(s)                : Mr. P.K. Dhar, Sr. Advocate,

Mr. Anujit Dey, Advocate.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI

Order

18/03/2021

Petitioner seeks appointment of an arbitrator in substitution of

earlier arbitrator appointed by the Chief Engineer. It appears that the

arbitrator originally appointed had rendered his award against which the

petitioner had approached a District Court for setting aside the award of the

arbitrator. This petition was decided by the District Court by a judgment

dated 14.03.2019. The award of the arbitrator was set aside. The

proceedings were remanded to the arbitrator for fresh disposal. Grievance of

the petitioner is that after this the arbitrator has taken no steps and for over

two years thus the arbitral proceedings have remained pending. There is no

denial by the State to these averments. It is perhaps open for the counsel for

the petitioner to argue that in view of the provisions in the Arbitration and

Conciliation Act, 1996 introduced by way of amendment requiring

completion of arbitral proceedings within certain time, the arbitrator can

now not in any case proceed further.

In facts of the case, I request Sri Gautam Debnath, former

District Judge, to act as a sole arbitrator.

Petition disposed of accordingly.

(AKIL KURESHI), CJ

Pulak