SKABEO P LTD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application under Sections 5 and 11 of the Arbitration Act, 1940, inter alia, for an order that leave be given to revoke the authority of the appointed Arbitrator, Sri P. K. Dey, a Superintendent Engineer, Government of West Bengal and for his removal from further acting as such Arbitrator. The petitioner asks for the appointment of some other competent person as Arbitrator in the place and stead of Sri Dey.

(2.) ACCORDING to the petitioner, the Arbitrator has misconducted himself by expressing his unwillingness and/or refusal to proceed with the arbitration on a signed copy of the minutes of the order of this Court passed on July 31, 1973 by S. K. Roy Chow-dhury, J. The order was as follows :--

(3.) THE petitioner's Solicitor, Mr. Kar, wrote back on August 28, 1973 to the following effect :--