MODI PROJECTS LIMITED Vs. EASTERN CENTRAL RAILWAYS

JUDGEMENT

(1.) This arbitration application has been preferred under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator.

(2.) Counsel appearing for the applicant submitted that Arbitration Clause 64(1) (i) - Demand of Arbitration was invoked for the appointment of arbitrator on 16th Jan., 2015.

(3.) A panel of three arbitrators was appointed on 1st /2nd July, 2015, who were the employees of the respondents. The Presiding Arbitrator was Mr. Virendra Kumar. It is further submitted by the counsel for the applicant that the claim of the applicant was filed, but, no date of hearing was given by Mr. Virendra Kumar, who was the Presiding Arbitrator, for eight long months and thereafter, a letter dated 2nd March, 2016 was written by the applicant which is Annexure 8 to the memo of this arbitration application, for commencing of the arbitration proceeding. It is also submitted that the respondent Railway authority has also written a letter dated 28/29th March, 2016 (Annexure 9 to the memo of this arbitration application) to Mr. Virendra Kumar, learned Arbitrator as to why a date has not been given and a request was also made to expedite and conclude the arbitration proceeding.