NARAYAN DUTT RAJENDRA KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) VIDE Order dated 7th September, 2006 passed in Arbitration Application No. 11 of 2006 [under Section 11(6) of the Arbitration and Conciliation Act, 1996 ("1996 Act" for short)], this Court had appointed Sri Kripal Singh, Chief Engineer (Retd.), PWD, Dehradun, as a Single Member Arbitral Tribunal to adjudicate upon and decide the disputes between the parties. However, in the concluding part of the aforesaid Order, this Court had also issued a direction upon the aforesaid learned Arbitrator to submit the Arbitral Award within a period of three months. As far as the remuneration part is concerned, this Court had fixed the sitting fee at the rate of Rs. 5,000/ - per sitting subject to a maximum of 10 sittings.

(2.) ADMITTEDLY , the learned Arbitrator appointed by the aforesaid upon the reference, but a Recall Application later on was filed, being Recall Application No. 1155 of 2007, with respect to Court order dated 7th September, 2006, which was rejected by this Court vide its order dated 19th November, 2007. Admittedly, none of the parties have challenged the said order before any superior court with the result that the appointment of Sri Kripal Singh, as the Single Member Arbitral Tribunal, by Order of this Court has now attained finality.

(3.) THE arbitration proceedings started by Sri Kripal Singh have not been concluded so far. Through his Communication dated 9th July, 2009, addressed to the petitioner/applicant, the learned Arbitrator has opined that "revised orders" from the High Court are required for extending the time period for making of the Award.