NRP PROJECTS PVT LTD Vs. HIRAK MUKHOPADHYAY

JUDGEMENT

(1.) Challenge in this writ petition is to an order dated April 27, 2012 passed by the sole arbitrator (the first respondent) terminating the arbitral proceedings between the first petitioner and the second respondent (on the ground that the former had not filed its statement of claim within time) as well as order dated May 3, 2012 declining the request of the petitioners to extend the time for filing the statement of claim. A writ of certiorari has been prayed for to quash the impugned orders.

(2.) The order dated April 27, 2012 reveals that the first respondent by his letter dated February 29, 2012 had informed the first petitioner to file its statement of claim by six weeks. It appeared to him to be surprising that even after lapse of eight weeks therefrom the first petitioner had neither filed the same nor intimated any reason for non-compliance of his direction. Accordingly, he construed it to be a default worthy of attraction of Section 25(a) of the Arbitration and Conciliation Act, 1996 (hereafter the Act) and terminated the arbitral proceedings thereby.

(3.) The first petitioner responded by issuing a letter dated April 30, 2012. It was alleged therein that the works entrusted to it by the second respondent had been completed four years back and that since the old documents pertaining thereto were lying in various offices, some time was consumed to trace the same. However, the first petitioner was in a position to submit its statement of claim within three weeks and, accordingly, prayed for an extension till May 21, 2012.