SADANANDA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present challenge has been preferred against an order dated February 1, 2018 whereby the District Judge at Alipore granted stay of all further proceedings pending before an arbitral tribunal, in connection with an application under Section 14(1) of the Arbitration and Conciliation Act, 1996, registered as Miscellaneous Case No. 56 of 2018, filed by the opposite party.

(2.) Learned senior counsel for the petitioner argues that the impugned order is entirely devoid of reason. The semblance of reason attributed in the impugned order, it is argued, does not even pertain to the grant of stay or prima facie case in respect of the application under Section 14 of the 1996 Act, but relates to the merits of the arbitral dispute itself. It is submitted that the case sought to be made out in the proceeding under Section 14 is that the arbitrator did not act impartially in closing the arguments of the present opposite party on the slightest pretext, however, granting several adjournments to the petitioner. Such allegation was not even discussed prima facie in the impugned order.

(3.) It is further argued on behalf of the petitioner that the 2015 Amendment to the 1996 Act apply to the present case. For such purpose, learned counsel places reliance on a judgment reported at [Board of Control for Cricket in India vs. Kochi Cricket Private Limited and others, 2018 6 SCC 287].