LAWS(GAU)-2021-8-58

FR.THOMAS EKKA Vs. STATE OF ASSAM

Decided On August 17, 2021
Fr.Thomas Ekka Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. D. Baruah, learned counsel assisted by Ms. N. Upadhyay and Mr. S. Khound, learned counsel for the petitioner. Also heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. A.K. Rai and Mr. N. Alam, learned counsel for the respondents.

(2.) The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator for resolution of the disputes which according to the petitioner had arisen with the respondents, which however, has been contested by the respondents on the ground that the disputes are not arbitrable.

(3.) As per the law as it stands today, reference to arbitration is the norm and adjudication by the court/tribunal, the exception.