PATEL ENGINEERING COMPANY LTD. Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) CRP No. No. 4 of 2014 and CRP No. 5 of 2014 are similar in nature and both the cases have been taken into consideration for disposal by way of this common Judgment & Order.

(2.) The petition in CRP No. 4 of 2014 is directed against the impugned Judgment & Order dated 27.01.14 passed in Case No. FTC (s) Arbitration Case No. 4 (H) 2012 and the petition in CRP No. 5 of 2014 is directed against the impugned Judgment & Order dated 27.01.14 passed in Case No. FTC (s) Arbitration Case No. 5 (H) 2012.

(3.) The petitioner's case in nut shell is that "the petitioner by way of invoking the jurisdiction of this Hon'ble Court under Article-227 of the Constitution of India is challenging the Judgment & Order dated 27.01.14 passed by the Addl. District & Session Judge, Shillong whereby the learned Court below has dismissed the application filled under Section-14 (2) of the Arbitration and Conciliation Act, 1996 by the petitioner to terminate the mandate of the presiding Arbitrator appointed by the Hon'ble Chief Justice of the Hon'ble High Court due to his continuous absence on the ground that the Court below has no jurisdiction to terminate the Arbitrator as the said Arbitrator was appointed by the Hon'ble Chief Justice of the Gauhati High Court and as such power remains only in the hand of the Hon'ble Chief Justice to terminate the Arbitrator. Being aggrieved with such a finding of the learned Court below, the petitioner has filed this instant Revision Petition on the ground that as per Section 14(2) read along with Section-2(e) of the Arbitration and Conciliation Act, 1996 in case of any dispute with regard to termination of mandate of arbitrator, the aggrieved party has to apply to the Principal Civil Court of Original Jurisdiction and as such, the petitioner had rightly filed the application and dismissal of the same was illegal and arbitrary."