Document Fragment View

Matching Fragments

4. It is also admitted fact that Arbitrator did not enter upon the reference afresh in terms of judgment dated 31.03.2016 passed by learned District Judge and after waiting for several months, petitioner, through his counsel, had made a request to the learned Arbitrator vide letter dated 07.04.2017 (Annexure P-2 colly) alongwith copy of judgment to enter upon the reference and to proceed to decide the matter but despite reminder dated 17.05.2017, no response was received. Hence present petition.

5. Considering the facts of the case, Court is of the .

considered opinion that Arbitrator has failed to act for any reasons without undue delay as there is extra-ordinary delay even in entering into the reference for making award afresh in compliance of judgment dated 31.03.2016. Therefore, mandate of Arbitrator, Managing Director of respondent- 

    Corporation    deserves    to

                                   tobe   terminated

7. Accordingly, mandate of earlier Arbitrator Managing Director of the Respondent-Corporation is terminated and Mr. Bimal Gupta, Senior Advocate and Ms. Anita Parmar, Advocate are appointed as Arbitrator and Assisting Arbitrator with direction to enter into reference within a period of two weeks from today and to make a reasoned speaking award afresh in terms of Arbitration Agreement in accordance with law expeditiously preferably within 6 months from entering into the reference on the basis .