WANBURY LTD. Vs. CANDID DRUG DISTRIBUTORS

JUDGEMENT

(1.) BY this petition filed under section 14(1) (a), 14(2) and 32(2) (c) of the Arbitration and Conciliation Act, 1996, the petitioner seeks a declaration that the mandate of the arbitral tribunal constituted by an order dated 8th October, 2013 in Arbitration Petition No. 46 of 2012 is terminated. The petitioner also seeks an order that the order dated 30th September, 2014 passed by the arbitral tribunal hereby entertaining and allowing the application of the respondent for condonation of delay in filing statement of claim alongwith documents and proceeding with the arbitration proceeding further be set aside. Some of the relevant facts for the purpose of deciding this petition are as under : -

(2.) THE petitioner herein was the original respondent and the respondent herein was the original claimant before the arbitral tribunal. On 13th January, 2013, the parties entered into an agreement whereby the respondent was appointed as non -exclusive C&F Agent of the petitioner. The said agreement came to be terminated by the petitioner on 6th April, 2006. The respondent filed a suit (20 of 2007) on 30th March, 2007 against the petitioner in the Court of Civil Judge (Senior Division) No. 1, Kamrup at Guwahati and inter alia praying for a money decree of Rs.1,71,24,267/ -. By an order dated 19th May, 2008 the said suit was dismissed for want of territorial jurisdiction. The said order was upheld by the Guwahati High Court by an order dated 10th February, 2011.

(3.) ON 11th February, 2014, the arbitral tribunal called a meeting. The arbitral tribunal issued direction to the parties to file pleadings. The respondent herein (original claimant) was directed to file statement of claim togetherwith all the documents on or before 21st April, 2014 and to furnish a copy thereof to the petitioner's advocate by the same date. The petitioner herein was directed to file a written statement and counter claim togetherwith all documents on or before 16th June, 2014. The arbitral tribunal also granted liberty to the respondent herein to file rejoinder and reply to counter claim on or before 14th July, 2014. In the said meeting, the arbitral tribunal also recorded that the parties had agreed that the presiding arbitrator would be at liberty to give further directions, as occasions may arise without calling a meeting of the arbitrators unless the parties otherwise would desire a hearing by the tribunal. The next meeting was fixed on 30th July, 2014 for the purpose of considering the pleadings and to determine the points in dispute.