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2011 DIGILAW 300 (CAL)

Debendra Bijoy Ghosh v. UNION OF INDIA

2011-03-03

I.P.MUKERJI

body2011
JUDGMENT 1. THIS is an application under sections 14 and 15 of the Arbitration and Conciliation Act, 1996. 2. THE grievance of the petitioner is short but very convincing. Although an Arbitral Tribunal comprising of three Arbitrators was constituted on 15th January, 2007, only three sittings have been held so far. It is said that one or more members of the Arbitral Tribunal were transferred from their posts in Kolkata to another place and in his or in their place some other Arbitrator or Arbitrators were appointed by the railways according to the arbitration clause. 3. APART from filing of pleadings no progress has been made. 4. THE Arbitral Tribunal was last re-constituted in August, 2010. Even thereafter nothing has been done, it is alleged. THE learned Counsel for the railways, however, said that a meeting was called on 11th October, 2010 but it was adjourned on the ground that this application was pending before the Court. 5. I think there is substantial delay in conducting this reference. But, there is no sufficient ground at the moment to terminate the mandate of the arbitrators. Nevertheless, serious prejudice has been caused to the petitioner by frequent transfer of one or more appointed Arbitrators. 6. THIS Court, in my opinion, has an inherent power under sections 14 and 15 of the Arbitration and Conciliation Act, 1996 to direct expeditious disposal of the arbitral reference by the Arbitrators. There is no particular provision in this regard in sections 14 and 15 of the Act. But, I think, in a case where there is no immediate cause to terminate the mandate of the Arbitrator but the Arbitrator is undoubtedly delaying the proceedings, the Court has an implied power under these sections read with section 9[ii][e] of the Arbitration and Conciliation Act, 1996 to expedite the arbitration because that subsection says that the Court can adopt any measure which appears to it to be just and convenient. 7. THEREFORE, in the circumstances, I dispose of this application by directing the Arbitral Tribunal to complete the arbitral reference and make and publish the award within a period of three months from the date of communication of this order, without granting any unnecessary adjournment. 8. 7. THEREFORE, in the circumstances, I dispose of this application by directing the Arbitral Tribunal to complete the arbitral reference and make and publish the award within a period of three months from the date of communication of this order, without granting any unnecessary adjournment. 8. I make it clear that the sittings will have to be held in Kolkata and the composition of the Arbitral Tribunal cannot be changed till completion of the reference and publication of the award. 9. LIBERTY to apply. 10. ALL parties concerned are to act on a signed photocopy of this order on the usual undertakings.