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Judgment
Arindam Sinha, J
Mr. Mishra, learned advocate appears on behalf of petitioner. He submits, Court consider adjourning the writ petition with direction upon the arbitral Tribunal to correspondingly adjourn the sitting fixed on 15th December, 2021, to enable his client to apply for review of order dated 5th February, 2021, of appointment of Arbitrator.
Mr. Sarangi, learned advocate appearing on behalf of opposite party prays for adjournment of a fortnight.
It appears both parties want adjournment. More significantly, opposite party asking for adjournment here should not be seen to be wanting to proceed in the arbitration sitting fixed on 15th December, 2021.
Contention of petitioner, including declaration of law by the Supreme Court in Vidya Drolia Vrs. Durga Trading Corporation reported in (2021) 2 SCC 1, paragraph 2 to 4, where said Court declared that it is required to be recognized that the Consumer Protection Act impliedly barred the application of the Arbitration Act have been recorded in order dated 17th November, 2021.
This Court appreciates that opposite party submitted to adjudication under said Act of 1985 and thereafter approached for appointment of Arbitrator, inter alia, disputing a claim adjudicated in favour of petitioner.
There will be adjournment. List on 23rd December, 2021. Petitioner has liberty to produce this order before the Tribunal and pray for adjournment.
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