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M/S Ramjee Power Construction Ltd. v. Ceneral Manager, N.R. & Others - ARBITRATION and CONCILI. APPL.U/s11(4) No. 13 of 2005  RD-AH 10084 (23 May 2006)
Court No. 9
Civil Misc. (Arbitration) Application No. 13 of 2005
M/s Ramjee Power Construction Limited,
Kumar Nivas Bright Lane, Kokar, Ranchi- Applicant
The General Manager, Norther Railway,
Baroda House, New Delhi and others Respondents
Hon'ble Sunil Ambwani, J.
Heard Shri Yashwant Verma, learned counsel for the applicant and Shri Govind Saran for respondents.
This is an application under Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of Arbitral Tribunal under Section 11 (6) of the Act on the ground that the Arbitral Tribunal appointed by the respondents has failed to act without undue delay (Section 14 (1) (9) of the Act) and that the Court may decide under Section 2 (14) that the mandate for appointment of Arbitral Tribunal has been terminated.
From the counter affidavit of Shri R.R. Rai filed on 12.4.2004, I find that the Arbitral Tribunal was appointed on 16.1.2000. The first hearing was held on 12.4.2001 and thereafter nothing has happened. The Railway Board divided the railways in new zones and further decided in respect of arbitration matters, that where at least one hearing has taken place the matter shall be dealt with by the parent zone.
The matter was last fixed before the Arbitral Tribunal on 20.3.2004 but no progress was made. On 25.4.2006 after hearing the parties I recorded prima facie opinion that since nothing has happened for last five years before the Arbitral Tribunal the mandate for appointment of Arbitral Tribunal has terminated.
Shri Govind Saran was given time to find out, if any further progress has been made in the matter. He admits that nothing has been happened in the matter after 12.4.2001. The mandate as such for appointment of Arbitral Tribunal, has terminated.
The parties have informed the Court that a dispute arising during the course of contract has been deferred by the Hon'ble the Chief Justice to Hon'ble D.K. Trivedi, J. (Retd.) and it would be in the fitness of things that the dispute subject matter of these proceedings, which arose after the period of contract, may also be referred to the same Arbitral Tribunal.
The delegation in the order of Hon'ble the Chief Justice dated 5.4.2006 includes all miscellaneous matters, except Section 11 and the proceedings under Section 37 of the Act. The appointment of Arbitrator falls in Section 11 of the Act and as such it would be appropriate that the matter be placed before the Hon'ble Chief Justice for the appointment of the Arbitral Tribunal.
The application is accordingly disposed of. The office shall place the matter before the Hon'ble Chief Justice.
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