KIRAN AGRAWAL Vs. ASHOK KUMAR AGRAWAL

JUDGEMENT

(1.) Parties have been heard for the purpose of final disposal of the case. This case/application was filed on 7.7.2003 under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') with the following prayer:

(2.) By an order of the then Chief Justice passed on 9.12.2005, a retired Judge of this Court was appointed as Arbitrator in respect of the disputes between the parties. That order was challenged by opposite parties 4 and 5 before the Hon'ble Supreme Court of India, vide Civil Appeal No. 5366 of 2007, which was allowed on November, 23, 2007 mainly on the ground that as per judgment of seven Judges' Bench of the Apex Court in SBP and Company v. Patel Engineering Ltd. and another, 2005 8 SCC 618, the power exercised by the Chief Justice or the designated Judge under Section 11 of the Act is not an administrative, but a judicial power. Since the earlier order was not containing any reason and notices were also not served on the respondents except respondent No. 4, the Apex Court set aside the order dated 9.12.2005 and remitted the matter to this Court to pass a fresh order in the light of principle laid down in SBP & Company .

(3.) The order-sheet discloses that since 25.1.2008 the application was adjourned at the instance of one party or the other and ultimately dismissed for non-prosecution on 6.2.2009. That order was recalled on 6.1.2012. Finally the parties were heard on 5.7.2013 and 12.7.2013.