G. V Rathore v. The Managing Director

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ARBR No. 30 of 2018 • G. V Rathore S/o Shri V Rathore Aged About 80 Years Occupation- Business, R/o Dinesh Medical, Station Road, Raipur Chhattisgarh ---- Petitioner

Versus

1. The Managing Director Chhattisgarh Tourism Board, Paryatan Bhawan, Indra Gandhi Road, Raipur Chhattisgarh

2. State of C.G. Through Secretary, Chhattisgarh Tourism, Department, Mantralaya, Naya Raipur Chhattisgarh ---- Respondents For Petitioner :

Shri Siddharth Rathod, Advocate For Respondent No.1 :

Shri H.S. Ahluwalia, Advocate For Respondent/State :

Shri Rahul Jha, GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/07/2019

1. Heard.

2. This Court by an order dated 16.01.2017 passed in Arbitration Application No.89 of 2013 in exercise of powers under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act, 1996) had appointed Shri Justice R.N. Chandrakar, a retired Judge of High Court of Chhattisgarh, as Arbitrator. Learned counsel for the parties submit that Shri Justice R.N. Chandrakar, retired Judge of High Court of Chhattisgarh, has refused to arbitrate in the matter, consequently, the mandate stands terminated.

3. In view of this fresh arbitrator Shri Justice L. C. Bhadoo, a retired Judge of High Court of Chhattisgarh, is appointed to arbitrate the matter, it will have the effect of sub-section 2 of Section 15 of the Act, 1996.

4. Registry shall inform the Arbitrator about his appointment. Learned counsel for respondent No.1 would submit that the arbitrator Shri Justice L. C. Bhadoo, may be available on 27th of July, 2019. In view of such submission, to avoid the delay in the matter since already time has elapsed, the parties are directed to appear before the arbitrator, if so desire, on 27th of July, 2019. The renumeration of the arbitrator shall be paid according to the Act, 1996.

5. With the aforesaid observation, the arbitration request stands disposed of. Sd/- Goutam Bhaduri Judge Ashu