RISIDEV BATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) REFUSAL to remove the Arbitrator is the subject -matter of this application under Section 115 of the Code of Civil Procedure.

(2.) AS per Clause 25 of the written agreement between the petitioner, a works contractor and the Union Government, the Director General of Works, Central Public Works Department, New Delhi, appointed opposite party No. 3 as an Arbitrator on 29.4.1981. The Arbitrator entered into the reference on 15.5.1981 by calling upon the petitioner to file his statement of claim within 15 days. Being accommodated for a longer time to file the claim statement within the 30th June, 1981, the petitioner filed the claim statement on 26.6.1981. Opposite party No. 2 who signed the agreement under Article 299 of the Constitution on behalf of the Union Government, was called upon the file objection to the claim statement by 14.7.1981. He was also accommodated from time to time till 5.10.1981 for filing the counter statement which was at last filed by the opposite party No. 2 on 3.10.1981. Being anxious for early finalisation of the proceeding, the petitioner sent a letter to the Arbitrator to fix the hearing of the case at Bhubaneswar. The Arbitrator (O.P. No. 3) did not send any reply to the petitioner. In this background, an application was filed by the petitioner on 23.10.1981 in Court for removal of the Arbitrator.

(3.) THE learned Subordinate Judge has found that the Arbitrator did not proceed with the arbitration proceeding as expeditiously as is expected of him. He did not, however, consider whether it amounted to failure to use all reasonable despatch in proceeding with the reference. On the order hand, he blamed the petitioner to have rushed to the Court for removal of the Arbitrator :