RANJEET SINGH & COMPANY Vs. HIMACHAL PRDESH STATE

JUDGEMENT

(1.) IT is a very unfortunate case where despite the sole Arbitrator having first been appointed way back on 5th May, 2004 and thereafter the composition of the Arbitral Tribunal having undergone changes, the arbitration proceedings have not progressed a bit despite the lapse of more than two years since then.

(2.) MY attention has been drawn to Annexure P-21 which is a 12th communication dated May, 2006 from the latest appointee, Single Member Arbitral Tribunal, namely, Chief Engineer (SP), HP SEB, Kumar House, Shimla who 2nd fixed June, 2006 as the last date of the arbitration proceedings but apparently nothing happened on that date as well. No Arbitral Tribunal can be permitted to prolong, protract or delay the arbitration proceedings because the mandate of the Arbitration and Conciliation Act, 1996 is that the arbitration proceedings must commence at the earliest and should be concluded within the shortest possible time. In the present case, apparently, the Arbitrators have done nothing to promote the aforesaid mandate of the 1996 Act.

(3.) THE petition is disposed of and the following directions are issued:-