D.R.NORULA Vs. CENTRAL COAL FIELDS LTD.

JUDGEMENT

(1.) IN this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed, inter alia for the issuance of an appropriate writ. direction or order holding that Sub -section (3) and (4) of Section 13 of the Arbitration and Conciliation Act. 1996 (impugned provisions for short) are ultra vires Article 14 of the Constitution of India, in that, the Arbitrator becomes a Judge of his own cause and has been vested with unguided, uncanalised and arbitrary powers and that there is no provision whereby any remedy has been given to an aggrieved party with respect to an adverse order passed by the Arbitrator under the aforesaid impugned provisions. The petitioner has also prayed for an appropriate writ, direction and order quashing the order dated 2.5.2001 passed by the Sole Arbitrator, respondent No. 3, whereby he has rejected the challenge as put forth by the petitioner against his appointment and continuing as the Sole Arbitrator and decided to continue with the proceedings in terms of Sub -section (4) of Section 13 of the Act.

(2.) DURING the course of arguments, learned counsel for the petitioner confined his submission only to the first prayer and did not submit any argument or made any submission with respect to the second prayer.

(3.) THE petitioner complains that the delay in the completion of arbitration proceedings is owing to the acts of omission and commission on the part of the Arbitrator. The petitioner also alleges that the Arbitrator being an ex -official of the respondent -company is biased and has been deliberately delaying the proceedings.