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Judgment
The Court : This is an application under Section 14 read with Section 11 of the Arbitration and Conciliation Act, 1996, as amended by Act 3 of 2016
(in short, “The Act of 1996â€).
The ground urged by the petitioners in support of their prayer under Section 14 of the Act of 1996 is that although the General Manager, Eastern
Railway, had caused constitution of the arbitral tribunal in terms of Clause 64.3 of the General Conditions of Contract of Eastern Railway and they
had furnished their undertaking dated May 17, 2017 to the effect that the prohibitions of the Seventh Schedule of the Act of 1996 not to apply to the
arbitration but the Arbitral Tribunal has not commenced the arbitral proceeding.
On October 5, 2018 this Court expressed a desire to have a look into the original documents appearing at pages 95 to 97 of the application, which
forms undertakings claim to have been given by the petitioners on May 17, 2017. Today, when the original of the covering letter along with the said
undertakings dated May 17, 2017 are produced by the petitioners, learned Counsel appearing for the petitioners submits that it cannot be said with
certainty that such undertakings were filed before the Arbitral Tribunal comprising three Deputy Chief Engineers of the respondent railway.
For the reasons as aforesaid, I am not inclined to entertain this application filed by the petitioners under Section 14 of the Act of 1996. However, when
it appears that the petitioners have agreed to the prohibitions mentioned in the Seventh Schedule of the Act of 1996 shall not be applicable to the
arbitral proceeding, the Arbitral Tribunal appointed by the General Manager, Eastern Railway, on September 23, 2016 is directed to forthwith proceed
with the arbitration proceeding and to conclude the same within one year from the date of communication of this order. However, if any of the
members of the Arbitral Tribunal is not presently available, the General Manager, Eastern Railway, shall forthwith take steps for induction of a new
Arbitrator, of the arbitral proceeding to conduct the arbitral proceeding.
With the above directions, the application, AP No.642 of 2018 stands disposed of, without any order as to costs.