NAMRATA SEN Vs. CAPTAIN SAURABH CHAUHAN

JUDGEMENT

(1.) This application is filed, under Section 11 read with Section 14 of the Arbitration and Conciliation Act, 1996 (for short the "1996 Act "), seeking appointment/substitution of the Arbitrator.

(2.) Pursuant to an order passed by this Court, in Arbitration Application No. 47 of 2015 dated 11.06.2018, Justice Irshad Hussain, a former Judge of this High Court, was appointed as the sole Arbitrator, and was to constitute the Arbitral Tribunal. This order dated 11.06.2018 was subjected to challenge in Special Leave Petition No. 25315 of 2018 and, in its order dated 28.09.2018, the Supreme Court found no merit in the Petition, and accordingly dismissed the same. Thereafter, the learned Arbitrator entered upon the reference and passed an order, questioning which Appeal from Order No. 70 of 2019 was filed before this Court. A learned Single Judge of this Court, by his order dated 05.09.2019, set-aside the order passed by the Arbitral Tribunal dated 20.01.2019.

(3.) The applicant herein, thereafter, made an application before the learned Arbitrator, along with the order passed by this Court in Appeal from Order No. 70 of 2019 dated 05.09.2019, and requested the learned Arbitrator to proceed further in the case. In his order dated 15.09.2019, the learned Arbitrator observed that more than a year had elapsed since cognizance of the matter was taken, by the Arbitral Tribunal, by order dated 14.07.2018; and, in view of the provisions of Section 29A of the 1996 Act, the proceedings would remain in abeyance unless and until the parties to the case submit their consent, to extend the period specified in sub-section (1) of Section 29A of the 1996 Act, for further proceedings to be undertaken by the Arbitral Tribunal, and for an award be passed within a further period not exceeding six months from completion of one year of the arbitration proceedings. Aggrieved thereby, the present application is filed under Section 11 read with Section 14 of the 1996 Act.