For the Applicant : Mr. Amit Kumar Das For the Respondents : x 05/10.11.2017 Learned counsel for the applicant submits that there has been failure on the part of the learned Arbitrator, Chairman cum Managing Director, Engineering Projects(India) Ltd. to act as he has not even entered into reference nor allowed filing of claim application after his appointment by order of this Court in Arbitration Application No.1 of 2015 dated 29.9.2016.
Despite being approached by the applicant, his office has informed that he would be called to appear on notice.
There is a mandate of concluding the arbitration proceeding as early as possible and practicable, preferably within 6 months from the date of commencement of arbitration proceedings in terms of the order of the Court.
Registry was directed to send copy of the arbitration application along with all annexures and replies to learned Arbitrator. Thereafter, even on being approached the arbitration proceeding has not yet commenced. This invites invocation of provision of Section 14 and 15 of the Arbitration and Conciliation Act, 1996. That is why petitioner has approached this Court.
Issue notice on the Respondents under registered cover with A/D for which requisites etc. must be filed within 1 week, failing which, this application shall stand rejected without further reference to the Bench.
(Aparesh Kumar Singh, J.) A.Mohanty