CHANDRA PRAKASH AGARWAL Vs. BHAGIRATH AGARWAL

JUDGEMENT

(1.) The applicant Manipur Tea Company Pvt. Ltd. is a stranger to the proceedings pending before the arbitrator Justice (Retd.) Monoj Kumar Mukherjee. The parties to arbitration are Bhagirath Agarwal and Chandra Prakash Agarwal, who are partners of Hindustan Tea Company. The applicant cannot be allowed relief either by way of intervention or by way of any substantive relief in these proceedings either by this Court or by directing the arbitrator to entertain its prayer. The applicant is at liberty to pursue such remedy as may be available to it under the law for vindicating its grievance raised in the application. The arbitrator is only acting as a tribunal and he cannot be permitted to be joined as party to any legal proceedings initiated by the applicant. The application be treated as disposed of.

(2.) The applicant is aggrieved by some orders passed by the learned arbitrator at an interim stage of the proceedings and seeks directions from this Court in that regard. Suffice it to observe that once an arbitrator has been appointed by the Court any party feeling aggrieved by any interim order or direction made by the arbitrator is at liberty to pursue such remedy as may be available to him under the law. That being the position of law, the learned counsel for the applicant seeks to withdraw the application reserving liberty to pursue such other remedy as may be available to the applicant. We record the statement of the learned counsel and dismiss the application as withdrawn.

(3.) Bhagirath Agarwal, the applicant herein has moved this application for the following relief: It is, therefore, respectfully prayed that this Honble Court may be pleased to direct the appellant to pay to the respondent the sum admissible under the terms and compromise contained in the order dated 15-2-1991 passed by this Honble Court and/or to pass such other and