EFCALON TIE UP PVT. LTD. Vs. STARTRACK

JUDGEMENT

(1.) This court is deeply embarrassed.

(2.) By its order dated 15th September, 2016 it had appointed the Hon'ble Mr. Justice Tapen Sen, a retired Judge of this court as the arbitrator. At the outset, I make it absolutely plain that there was no time limit set by this order to make and publish his award. This court had only made a request to the learned arbitrator "to conclude the reference within a period of ten months of the statement of claim being lodged before him". This part of the order was absolutely directory.

(3.) It was very gracious on the part of the learned arbitrator to consider the request made by the court as a command and direct the parties to seek extension of time.