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1984 DIGILAW 272 (ORI)

STATE OF ORISSA v. D. C. DAGARA

1984-09-21

S.C.MOHAPATRA

body1984
JUDGMENT : S.C. Mohapatra, J. - This Civil Revision arises out of an order revoking the authority of the Arbitrator and appointing Shri G.S. Patnaik, Chairman, Arbitration Tribunal as sole Arbitrator. Inspite of valid service of notice, opposite party has not appeared in the Civil Revision. Heard Mr. Jairaj Behera, the learned Additional Standing Counsel. Mr. Behera has fairly submitted to me that on 11-3-1980, the Arbitrator called upon the claimant to file his statement. The claimant at his end did not file the claim statement till 30th October, 1980. This tolerance of the Arbitrator clearly indicates laxity on his part for disposal of the proceeding before him. I am of the firm view that an Arbitrator who is liberal in granting time and accommodating parties having no control over the proceeding is to be removed and therefore on this short point alone I am not prepared to interfere with the order removing the Arbitrator. If the matter would be ended here, the Civil Revision would have been dismissed. I find that in the same order Shri G.S Patnaik has been appointed as Arbitrator. No opportunity has been given to the parties to have their choice. Court should not appoint one Arbitrator arbitrarily and always should give a chance to parties to have an Arbitrator of their choice Where the parties would disagree the question of selecting a person to be the Arbitrator by the Court would arise. In the circumstances stated above, the order appointing Shri G.S. Patnaik, as Arbitrator is vacated, the case is remitted back to the trial court who shall give an opportunity to both the parties to submit panel of names and the Court shall thereafter appoint an Arbitrator. The Civil Revision is accordingly allowed However, there shall be no order as to costs. Final Result : Allowed