PRAVASH CHANDRA MAITY Vs. ONKAR INVESTO

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India has been filed by the respondent/petitioner. The petitioner's grievance is that at the instance of the opposite party a Receiver has been appointed in an application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act").

(2.) It is submitted by the learned Advocate for the petitioner that although the arbitration proceedings have already been commenced by taking out an application under Section 9 of the aforesaid Act a Receiver has been appointed. The opposite party has been stalling the arbitration proceedings and harassing the petitioner. He has mentioned before the learned Court below to dispose of the application under Section 9 of the said Act expeditely but the learned Court below has been granting adjournments without considering the petitioner's difficulty. An interim order was passed on 16th February, 2016 and although, affidavits have already been filed by the parties the said application has not yet been fixed for hearing. Since the arbitration proceedings have been fixed for hearing, the learned Court below ought to have disposed of the application under Section 9 of the said Act at an early date. This Court deems it appropriate to direct the learned Court below to expeditely dispose of the application under Section 9 of the said Act filed by the opposite party by the next date fixed i.e. 1st September, 2016 and if it can not be so done, within a period of one month next thereafter without granting any unnecessary adjournment to either of the parties.