ACE ENTERPRISES Vs. JAGDEEP RANA ARBITRATOR

JUDGEMENT

(1.) In view of controversy involved in this case, it would be appropriate to first take up and decide contempt petition, CCP(S) no.29/2023.

(2.) This contempt petition dates back to the time when a civil suit for Declaration and Mandatory Injunction was filed by petitioner herein before the court of Judge Small Causes, Srinagar (for short 'Trial Court') on 13/4/2006. It was on 17/4/2006 that an application under Sec. 8 of Arbitration and Conciliation Act was preferred for appointment of Arbitrator. It appears that while application was pending, respondent-Corporation appointed Mr Jagdeep Rana (respondent no.2 herein) as sole arbitrator. On the application of petitioner, an order dtd. 22/6/2011 came to be passed by Trial Court, staying proceedings before arbitrator/respondent no.2 herein till objections were filed.

(3.) On 24/6/2011, the arbitrator is said to have adjourned the proceedings sine die with liberty to respondent no.1 to seek revival of arbitral proceedings as and when stay granted by Trial Court was vacated. On an application of respondent-Corporation, arbitrator passed an order 16/9/2011, recalling his earlier order dtd. 24/6/2011 and expressing that there was no direction to stay arbitral proceedings. This appears to have triggered petitioner to come up with contempt petition against respondents before the Trial Court, which, however, was vide Order dtd. 6/11/2012 dismissed.