STATE OF BIHAR Vs. BAIBHAW CONSTRUCTION PVT LTD

JUDGEMENT

(1.) THIS is a petition filed by the respondent in a disposed of writ petition. The writ petition had its origin in an arbitration proceeding and in the petition in hand a prayer is made on behalf of the respondent to extend the time for publishing the award upto April 30, 2000.

(2.) THE brief facts can be stated thus. The respondent made an application before the Subordinate Judge, Siwan under Sections 14 and 15 of the Indian Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 1996 Act) making a prayer to terminate the appointment of the arbitrator nominated earlier in terms of the arbitration agreement between the parties and to appoint a new arbitrator for deciding the dispute between the parties (that is, the present respondent Baibhaw Construction Private Limited and the State of Bihar). The Subordinate Judge I, by order, dated 22.9.1998 passed in Misc. Case No. 10/1997 allowed the prayer made on behalf of the respondent -applicant and appointed the Hon'ble Mr. Justice R.N.Lal (a former Judge of this court) as the arbitrator for deciding the dispute between the parties.

(3.) IT may further be noted that after the parties agreed as to the manner in which the arbitration proceeding was to be held the parties further agreed that the period of four months for the conclusion of the proceedings should be reckoned not from the date when the matter was referred to the arbitrator but from 27.10.1999, the date of the passing of the order by this court. This would be evident from the concluding portion of the order which is as follows: