LAFARGE INDIA PRIVATE LIMITED Vs. KISHORE KUMAR SAHOO

JUDGEMENT

(1.) The instant appeal arises out of a judgment and order dated 5th Aug., 2014, passed by the learned Additional District Judge, 7th Court at Alipore, District - South 24-Parganas, dismissing an application under section 34 of the Arbitration and Conciliation Act, 1996, being Misc. Case No.39 of 2012, taken out by Lafarge India Private Limited - the appellant herein - on the ground that the said application was not maintainable before it.

(2.) The genesis of the matter is that certain disputes and differences arose between the appellant and one Kishore Sahoo, who is a Commission Agent, during the course of their business transactions which gave rise to issuance of a notice dated 11th April, 2006, by Kishore Sahoo to the appellant requesting for appointment of a Sole Arbitrator to adjudicate certain disputes pertaining to an agreement dated 12th Feb., 2001. On 22nd May, 2006, Kishore Sahoo filed an application under section 11(6) before the Orissa High Court and by an order dated 9th March, 2007, a former Judge of the said High Court was appointed as the Sole Arbitrator. In the meanwhile, the appellant herein had filed an application before the Calcutta High Court on 17th Aug., 2006, under section 11 of the Arbitration and Conciliation Act, 1996. After the order was passed by the Orissa High Court on 9th March, 2007, in the section 11 application filed before it, an application was taken out by the appellant before the said Court on 7th Sept., 2007, seeking recall of the order dated 9th March, 2007, whereby a former Judge of the Orissa High Court was appointed as Arbitrator. That application was dismissed which resulted in filing of a SLP before the Honourable Supreme Court of India by the appellant herein. The following order was passed by the Supreme Court on 25th March, 2009:-

(3.) Subsequently, the arbitration proceedings took place and finally an award was passed by the learned Arbitrator on 12th Dec., 2011. The appellant herein preferred an application under section 34 of the Arbitration and Conciliation Act, 1996 challenging the award dated 12th Dec., 2011. The said application, registered as Misc. Case No.39 of 2012, was filed on 3rd March, 2012, which was dismissed by the judgment and order dated 5th Aug., 2014, giving rise to the present appeal.