M/S. Rotomac Electricals Pvt. Ltd vs The General Manager on 27 July, 2016

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Calcutta High Court

M/S. Rotomac Electricals Pvt. Ltd vs The General Manager on 27 July, 2016

Bench: Soumen Sen

ORDER
                          AP No. 603 of 2016
                    IN THE HIGH COURT AT CALCUTTA
                Ordinary Original Civil Jurisdiction


                 M/S. ROTOMAC ELECTRICALS PVT. LTD.
                               Versus
                THE GENERAL MANAGER, EASTERN RAILWAY


    BEFORE:
    The Hon'ble JUSTICE SOUMEN SEN
    Date : 27th July, 2016.
                                                                  Appearance:
                                  Mr. Biswanath Bhattacharya, Senior Advocate
                                                     Mr. Maloy Dhar, Advocate
                                                       ...for the petitioner.
                                                Ms. Aparna Banerjee, Advocate
                                                       ...for the respondent.

Although the railway authority has nominated an arbitrator within the statutorily prescribed period of thirty days, on 13th October 2015, it appears that the arbitrator has failed to enter reference. This creates an apprehension in the mind of the petitioner that unless the nominated arbitrator is substituted, there is no possibility of adjudication of the dispute raised by the petitioner within a reasonable time.

There cannot be any doubt that the arbitrator was not diligent in performing his duties.

The learned counsel appearing on behalf of the railway authority, however, submits that necessary directions may be given for early disposal of the pending reference.

In view of the fact that the railway authority has nominated an arbitrator, this application is disposed of by directing the arbitrator to conclude the reference by 31st December 2016, failing which the petitioner shall be entitled to apply for appointment of a fresh arbitrator and the mandate of the arbitrator would come to an end on the expiry of 31st December 2016. The arbitrator shall enter reference in course of this month and shall pass peremptory directions with regard to the procedural matters. The arbitrator, if required, shall hold consecutive sittings and the parties shall be obliged to appear before the arbitrator on the dates to be fixed by the arbitrator. In default of the arbitrator entering reference by August 2, 2016, the arbitrator would forfeit its right and this would also enable the petitioner to apply afresh for appointment of new arbitrator.

( SOUMEN SEN, J. ) S. Kumar

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Calcutta High Court