M/S. Rkd Construction Pvt. Ltd. v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

ARBP No. 66 of 2022 M/s. RKD Construction Pvt. Ltd.

....

Petitioner Mr. Sidhant Dwibedi, Advocate -versusState of Odisha and Another ....

Opposite Parties Mr. Ishwar Mohanty, Addl. Standing Counsel

CORAM:

THE CHIEF JUSTICE

ORDER

21.10.2022 Order No.

02.

1. It appears that the Arbitration Tribunal is in fact not functioning because there is no Member (Judicial), without which the coram of the Tribunal will not be complete. There is no indication as to when that vacancy will be filled up.

2. In that view of the matter and with the consent of the parties, this Court appoints Dr. Justice A.K. Rath, a former Judge of this Court, as the sole Arbitrator to adjudicate the disputes between the parties including their claims and counter claims. The arbitration proceedings shall take place under the aegis of the High Court of Orissa Arbitration Centre and shall continue from the stage at which it was before the Arbitration Tribunal.

3. The records pending before the Arbitration Tribunal may be collected by either of the parties and placed before the learned Arbitrator now appointed.

4. The arbitration petition is disposed of accordingly. A copy of this order be communicated to the Coordinator, High Court Arbitration Center and the learned Arbitrator forthwith.

5. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice S.K. Jena/Secy.