give an opportunity to the arbitral tribunal to resume
the arbitral proceedings or to enable it to take such
other action which will eliminate ... instance of the party to award to facilitate
the Arbitral Tribunal to resume the arbitral proceeding and to wipe out
the ground
arbitration i.e. Jolaibari Community Hall.
There was no ambience for arbitral proceeding. There broke out
chaos, as the interested persons lost their tolerance failing ... communications to the arbitrator to supply the
signed copy of the arbitral award as provided under Section 31(5) of
the Arbitration and Conciliation
application for execution cannot be filed
before the arbitral tribunal by treating the arbitral
tribunal, a Court which passed the decree. There
is no deeming ... petition for execution as the
same is not an arbitral proceeding within the
meaning of Section 42 of the Act. It has further
been held
Contractors Nominees
for constitution of the panel of arbitrators and the arbitration proceeding
was not yet concluded therefore, due to this gross delay in conclusion ... arbitrators by the
respondents.
(a) Initially, first panel of arbitrators was appointed by the
respondents in the year 2004
(b) Panel of arbitrators was reconstituted
were payable and the said controversy was pending
adjudication in another arbitral proceeding and therefore, no recovery
could be made by CONCOR from the amounts ... first and foremost issue to be addressed is whether the arbitral
tribunal had erred in allowing the respondent‟s claim for the amount
contained under
Clause 14 of the said agreements.
AND WHEREAS the Arbitral Tribunal passed an ex-parte
Award dated 3.4.2011 in favour of TPCL ... award till payment @ 18%
per annum along with half of the Arbitral proceeding
cost (“the award”).
AND WHEREAS the said ex parte award dated
while exercising discretion under Article 227 in the
midst of an arbitral proceeding. According to us,
the High Court was in error in interdicting ... arbitral proceeding at this stage.
5. Further, regard also being had to the fact that
after having filed the said petition before the High
Court
Department to conduct their case in the said arbitral proceeding. The arbitration proceeding in question could not progress speedily. As Dr. Sumanta
Chakraborty was found ... respondent No.4, before entering his appearance in the said arbitral proceeding, he had already given up the assignment given by the Law Department
successful,
the arbitral tribunal shall continue the arbitral
proceedings and make an arbitral award.
(5) Where an arbitral award is made under
sub-section ... challenge to an
arbitrator is not successful, the arbitral tribunal is to continue
with the arbitral proceedings and make an award and
thereafter under
arbitrator appointed on November 23, 2017 to proceed with the arbitral
proceeding between the parties.
Urgent certified website copies of this order, if applied
