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Judgment
Thrice Arbitrators have been changed in this matter. All three
were departmental arbitrators. Replacement had to be made because of their inability to
act for some reason or the other.
The present Arbitrator, Mr. Sudip Sengupta, was appointed on 29th June,
2016.
Learned counsel for the petitioner submits that not a single sitting has
been held since 29th June, 2016.
An affidavit of service is on record. None appears for the respondent.
This state of affairs cannot be tolerated. The mandate of the Arbitrator, Mr.
Sudip Sengupta is terminated.
The Hon''ble Mr. Justice Prabhat Kumar Dey, a retired Judge of this
Hon''ble High Court, is appointed as Arbitrator in his place and stead at a remuneration
of Rs.20,000/- per sitting, to be shared by the parties equally.
The learned Arbitrator will be at liberty to appoint a clerk and a
stenographer whose remuneration and the other costs and charges of the arbitration will
be borne by the parties in equal share.
His Lordship will adjudicate the disputes as mentioned in the Section 11
application (AP No.529 of 2017) along with any other dispute that may arise between the
parties from the statement of claim, counter-statement and counter-claim, if any, to be
filed as per the direction of the his Lordship.
His Lordship is most humbly requested to enter upon the reference as soon
as possible and to make and publish the award within one year of communication of this
order.
This application is disposed of.