SHRI SUNDER SINGH CHAUHAN SON OF SHRI MEHAR CHAND CONTRACTOR, RESIDENT OF SHAKTI SADAN, DHALLI, SHIMLA-12 Vs. STATE OF HIMACHAL PRADEH THROUGH THE SECRETARY (PW) HP SECRETARIAT, SHIMLA-2,

JUDGEMENT

(1.) THIS petition has been filed under Sections 14, 15 of the Arbitration and Conciliation Act, 1996 (for short Act) for terminating the mandate of the arbitrator i.e. Superintending Engineer, 4th Circle, HPPWD, Shimla and for appointing a substitute arbitrator. It has been submitted by Learned Counsel for the petitioner that Superintending Engineer, 4th Circle, HPPWD, Shimla was appointed an Arbitrator by this Court on 30.11.2009 in Arbitration Case No. 62 of 2009. The Arbitrator commenced the proceedings in January, 2010. It has been submitted that the Arbitrator lastly took up the matter on 21.5.2011 and thereafter no proceedings had taken place before the Arbitrator. It has been submitted that the present petition was filed by petitioner on 21.3.2012. The Arbitrator thereafter had fixed the date 13.7.2012, the petitioner had apprised the Arbitrator about the pendency of the present petition in the High Court. The learned Addl. Advocate General has submitted that some proceedings were taken before Arbitrator but some officers were transferred and therefore, some delay has been caused in deciding the matter. In M.L. Gupta and Associates vs. H.P. Housing & Urban Development Authority and others, CMPMO No. 235 of 2011 decided on 12.9.201, it has been held:

(2.) IT is thus clear that High Court has supervisory powers of Article 227 of the Constitution of India over arbitral tribunals under the Arbitration and Conciliation Act, 1996. In the facts and circumstances of the case instead of terminating the mandate of the arbitrator i.e. Superintending Engineer, 4th Circle, HPPWD, Shimla in the present case, it is a fit case in which some time frame is fixed for deciding the arbitration case before the Arbitrator. The Learned Counsel for the petitioner has stated that the arbitration case is almost complete and only arguments are to be addressed before the Arbitrator. Therefore, the petition is disposed of with the direction to the Arbitral Tribunal i.e. Superintending Engineer, 4th Circle, HPPWD, Shimla to decide the matter at the earliest and not later then by 31.12.2012. The parties through their counsel are directed to appear before the Arbitrator on 27.7.2012.