CONTINENTAL CHEMICALS LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.07.2006 passed by a Single Judge of this court in CS(OS) 2698/94 and IA No. 1584/1995. By virtue of the impugned judgment, the learned Single Judge has dismissed the objections of the appellant to the award dated 02.12.1993.

(2.) The disputes which arose between the appellant and the respondent (hereinafter collectively referred to as the parties) were, for the first time, referred to an arbitrator by the respondent, on 01.10.1991. The reference was made to one Sh. C. Achuthan, who had issued directions with regard to the filing of the statement of the claim. Mr C. Achutan, however, resigned, and thereafter, reference was made to one, Mr Mahesh Prakash vide communication dated 06.02.1992, who declined to accept the reference.

(3.) In this process, nearly 20 years have passed since disputes arose between the parties. This leaves us with the sense of disquiet as to whether, arbitration is an effective alternate dispute resolution mechanism available to the parties.