MACKINTOSH BURN LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has restricted the grievance in the petition to the prayer capable of being received under Section 15 of the Arbitration and Conciliation Act, 1996.

(2.) The petitioner says that it would be evident from the minutes of the tenth meeting held in course of the reference that the arbitrators have formed an opinion before the evidence has been appreciated. The petitioner also complains that inordinate time has been taken by the arbitral tribunal to deal with the matter. The petitioner refers to some of the sittings where at least one member of the three-member tribunal was absent but the proceedings were permitted to continue.

(3.) It is elementary that if all the members of the tribunal are not present to proceed with the reference, the proceedings cannot go on and any meeting held before some of the members of the tribunal cannot form part of the reference. Though there is some truth in the petitioner's suggestion that an opinion has been expressed by the tribunal in course of the tenth sitting, it appears that it is only a prima facie view which has been formed and it will be open to the petitioner to persuade the tribunal to ultimately hold otherwise.