Rashtriya Ispat Nigam Limited, Visakhapatnam v. M/S Jessop And Company, Kolkata

THE HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN ARBITRATION APPLICATION No.167 of 2016 ORDER:

This is an Application for a measure under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act').

2.

This application was disposed of on 03.08.2017 appointing Sri B.Sudheer Kumar Bhashyam, Retired District and Sessions Judge, as the Arbitrator to arbitrate on the disputes between the applicant and the respondent. 3.

The aforesaid Arbitrator has filed a letter before the Registry, dated 08.09.2018, expressing his inability to proceed with the arbitral proceedings. He has also returned the file. Hence, the matter is coming up for orders of this Court based on the said letter.

4.

Hence, the earlier order of this Court, dated 03.08.2017, allowing the Arbitration Application is modified appointing Sri R.Damodar, Retired District and Sessions Judge, in place of Sri B.Sudheer Kumar Bhashyam, as the Arbitrator to arbitrate on the disputes between the applicant and the respondent and the said arbitrator shall enter on reference and proceed with, as enjoined by the Arbitration and Conciliation Act. The Arbitration Application is, accordingly, allowed.

Registry is directed to issue a copy of the modified order to all the parties concerned.

_______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ 20.09.2018 vs