SARKAR AND SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ORDER :-

(2.) THIS is an application u/Ss. 11 and 12 of the Arbitration Act, 1940 praying for revoking the authority of the Chief Engineer, Irrigation and Water-ways Directorate as sole Arbitrator and for appointment of a fit and proper person to act as Arbitrator in his place with like power to act in the reference and to make an award as he had been appointed in accordance with the Arbitration Agreement. The facts may be briefly stated as follows :-

(3.) IN course of hearing the petitioner has been directed to serve a notice upon the Chief Engineer, Irrigation and Water-ways Department and to add him as respondent No. 2 and to serve notice of this application upon the said Engineer, Thereafter, the petitioner has amended the cause title of the application and has added the Chief Engineer, Irrigation and Water-ways Directorate as respondent No. 2. The respondent No. 2 has also filed an Affidavit-in-Opposite in which it is contended that no letter dated 17/05/1984 addressed to the Chief Engineer, Irregation and Waterways Directorate is traceable in the records of the office and there is reason to believe that since no such leter was received in the office of the Chief Engineer, the question of taking any action in the said letter does not arise. It is further contended that since the demand for Arbitration was made only through letter dated 8/02/1989 by Contractors, the matter was being examined and before any decision could be taken the petitioner moved this Court. He has also adopted the statements made in the affidavit of Nabakumar Mondal submitted on behalf of the respondent No. 1. An Affidavit-in-reply has been filed on behalf of the petitioner contesting all the allegations made by the respondent in their Affidavit-in-Opposition.