Calcutta High Court
Union Of India vs Fescon on 4 August, 2017
Author: Aniruddha Bose
Bench: Aniruddha Bose, Arindam Sinha
ORDER SHEET
GA NO.769 OF 2016
WITH
APO NO.244 of 2006
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
UNION OF INDIA
Versus
FESCON
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA BOSE
AND
The Hon'ble JUSTICE ARINDAM SINHA
Date : 4th August, 2017.
MR. MOLAY AAS, MR. ARUN KUMAR MISHRA, ADVOCATES APPEAR.
MR. PRASANTA BANERJEE, ADVOATE APPEARS.
The Court:-The instant application has been taken out by
respondent/petitioner seeking extension of time on the part of the
Arbitrator to make and publish the Award. The Arbitrator was appointed by an order of a Coordinate Bench on 27th February, 2013 for adjudicating the dispute. It appears an Arbitrator was earlier appointed to adjudicate the dispute between the parties but the said Arbitrator had resigned. It is in this context, the order of 27th February, 2013, was passed. As per the order of the Court, the incoming Arbitrator was to dispose of the proceeding through logical conclusion by publishing Award within four weeks from the date or entering into reference.
The admitted position is that the learned Arbitrator appointed by the Court had never been notified of such appointment and thus she is yet to enter reference. In such circumstances, the present application, in our opinion, is misconceived as under the provisions 2 of Section 28 of the Arbitration Act 1940 the Court has the jurisdiction to enlarge time for making the Award and in such instant case, the date of making the Award was stipulated by the Coordinate Bench to be four weeks from the date of entering into reference by the learned Arbitrator.
Since the Arbitrator was not notified or informed of her appointment, the question of running of time from her date of entering reference does not arise. Accordingly, we do not think any order can be passed in this application and the same shall stand disposed of. It would be for the parties to take appropriate steps as per law for completion of the arbitration proceeding.
(ANIRUDDHA BOSE, J.) (ARINDAM SINHA, J.) sb.