GUPTA CONSTRUCTION CO. Vs. UNION OF INDIA.

JUDGEMENT

(1.) This is an application moved by the petitioner for terminating mandate of the appointed Arbitrator Sh. K.K.Gupta, CE on the ground that the Arbitrator has failed to act with promptitude. It is stated that first preliminary hearing was conducted by him on 11/6/2015 and thereafter on 29/9/2015 and since then the Arbitrator has not fixed any date in the arbitration proceedings nor has he taken any step to proceed further in the matter.

(2.) Learned counsel for the petitioner submits that due to the inaction on part of the arbitrator to conduct the arbitration proceedings with reasonable dispatch, the arbitrator has lost right to arbitrate the disputes between the parties. Reliance in this regard is placed on the provisions of Sec. 14(1)(a) of the J&K Arbitration and Conciliation Act, 1997.

(3.) The respondents have not converted the averments made in the application by filing any reply.