M/S Yashsvi Waterproofing Engineers v. The Union Of India, Min. Of Rly. Thr. Gen. Manager And 2 ORS

0801cao319.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAO NO. 319 OF 2014 IN REVIEW APPLICATION NO. 2011 IN MCA (ARBITRATION) NO. 1082 OF 2010 (M/s. Yashsvi Waterproofing Engineers vs. The Union of India, Ministry of Railway & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI, J.

JANUARY 08, 2016.

Heard Shri Lambat, learned counsel for the non-applicants - Respondents.

The prayer is to condone delay of 48 days in filing MCA st. No. 20334 of 2011. In MCA, review of order dated 12.08.2011 passed in MCA (Arbitration) No. 1082 of 2010 is sought.

The submission of Shri Lambat, learned counsel, on merits is, the contract containing arbitration clause envisages appointment of a Member as Board of Administrators, who is from accounts. As the Board of Arbitration nominated in the order dated 12.08.2011 does not contain such member, the Board needs to be reviewed and such member from accounts needs to be added.

These proceedings have been filed on 08.11.2011 and as yet formal notice has not been issued though more than a period of four years has expired. The record shows that these proceedings were dismissed in default and have been restored on 10.01.2014.

A perusal of order dated 12.08.2011 shows

0801cao319.14 that the matter was part heard and on that day, the present review applicants suggested the names for appointment as Arbitrators. This Court accordingly passed orders with consent of parties. As such, in view of consent orders, the provisions in contract cannot survive.

The Arbitrators to complete the proceedings expeditiously in the public interest as this delay may result in adding to burden on public exchequer. Civil Application is accordingly disposed of. No costs.

JUDGE *GS.