High CourtsSingle Bench(2020) 09 UK CK 0042

M/s Power Machines (India) Limited vs M/s Bharat Heavy Electricals Limited

Uttarakhand High Court · Decided on 17 September 2020

HON’BLE JUDGES
Ravi Malimath, J
RESULT
Disposed Of
CASE NUMBER
Arbitration Application No. 7 Of 2015

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Judgment

6 paragraphs · 201 words

Ravi Malimath, J

1.

This petition is filed seeking for a prayer to terminate the mandate of the sole arbitrator Mr. A.K. Saxena, appoint another arbitrator and consequential reliefs.

2.

Shri Ayush Negi, learned counsel for the petitioner, submits that the arbitrator is not doing anything in the matter, and the proceeding is kept pending without any progress. The same is disputed by Shri B.P. Nautiyal, learned senior counsel. He submits that the delay has occasioned because of the petitioner. It is further stated that the arbitrator has been informed that he should not pass the award during the pendency of these proceeding.

3.

After arguing the matter for some time, learned counsels on both sides submit that the arbitrator may be directed to proceed further in the arbitration.

4.

In view of the submissions made, the petition is disposed off. The arbitrator, Shri A.K. Saxena is directed to proceed further in the arbitration. To this extent, both the parties will appear before the arbitrator on 8th October, 2020. At the request of both the counsels, the arbitrator is directed to pass an award within a period of six months from 8th October, 2020.

6.

The arbitration application stands disposed-off accordingly.