Calcutta High Court
Radheshyam Gupta vs Union Of India & Ors on 4 March, 2010
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
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ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
A. P. NO.77 OF 2001
Radheshyam Gupta
Versus
Union of India & Ors.
Mr. Tapas Kr. Sinha, Adv. with
Mr. Sasanka Kr. Mandal, Adv.
. for the petitioner
Mr. Jayanta Banerjee, Adv. with
Mr. Deepak Kr. Singh, Adv.
. for the respondents
BEFORE : The Hon'ble JUSTICE SANJIB BANERJEE __________________________________________________________________ Date: 04.03.2010 __________________________________________________________________ This is a petition under Sections 5, 11 and 12 of the Arbitration Act, 1940. On the petitioner's earlier visit to this Court under Section 20 of the 1940 Act, an order was made on September 27, 1996 directing the General Manager, South Eastern Railway to send a panel of the names to the petitioner herein to enable the petitioner to nominate his arbitrator.
The petitioner has narrated that despite the various panels forwarded, the arbitral tribunal could not be effectively constituted because the persons named in the panel retired or were promoted or the like. 2
The respondents say that panels had been forwarded as recently as in the year 2008 but the petitioner did not respond to the same. Since the petition has remained pending, it was understandable that the petitioner did not respond to the panels suggested by the appointing authority after the institution of the present proceedings.
A. P. No.77 of 2001 is disposed of by directing the General Manager, South Eastern Railway to forward a panel of at least six names to the petitioner within a period of a fortnight from the date of receipt of a copy of this order whereupon the petitioner will forthwith nominate the petitioner's arbitrator and the arbitral tribunal will be constituted within a period of four weeks from date.
The panel to be forwarded to the petitioner should be such that all the persons named on the panel would be available to conclude the reference. The reference should be concluded within a period of six months from date.
In view of the fact that the reference was sought to be made in the year 1997 and a period of 13 years has elapsed without any result, the General Manager, South Eastern Railway and the arbitral tribunal constituted in accordance with the agreement should make every effort to ensure that the reference is concluded without due despatch.
There will be no order as to costs.
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Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. ) AKGoswami