Birendra Kumar Mohanty v. The New India Assurance Co. Ltd.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ARBP No. 25 of 2021 Birendra Kumar Mohanty ....

Petitioner Mr. S. Nath, Advocate -versusThe New India Assurance Co. Ltd. and others ....

Opposite Parties Mr. S.K. Sarangi, Senior Advocate

CORAM:

THE CHIEF JUSTICE Order No.

ORDER

23.09.2022 06.

1. The Petitioner has not produced any arbitration agreement. As pointed out in the counter affidavit of the Opposite Parties, in the absence of the Petitioner producing the arbitration agreement or even reproducing the arbitration clause in the agreement, it is not possible for this Court to appoint any Arbitrator. Further, no notice under Section 21 of the Arbitration & Conciliation Act, 1996 appears to have been issued to the Opposite Parties.

2. In these circumstances, while dismissing the present petition, the Court leaves it open to the Petitioner to seek other appropriate remedies as may be available to the Petitioner in accordance with law.

(Dr. S. Muralidhar) Chief Justice S. Behera