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High Court of TripuraArb.P./13/2015disposed of

Niranjan Chakraborty v. The State Of Tripura And ORS

2015-11-19Hon'Ble The Chief Justice Deepak Gupta1 pages

Case No :Arb.P. 0000013/2015 Party Name : NIRANJAN CHAKRABORTY Vs THE STATE OF TRIPURA & ORS HONBLE THE CHIEF JUSTICE DEEPAK GUPTA In the reply filed by Sri S. K. Ray he has tendered an unconditional apology. Therefore, the notice issued to him is withdrawn. He has also sought permission to withdraw the order issued by him, on 30th July, 2014 and he is permitted to do so. In this case the matter was referred for arbitration to Sri K. L. Das, General Manager (Technical), Additional Chief Engineer(Electrical), Department of Power on 16.6.2011. Sri K. L.Das was appointed as sole arbitrator by order of puisne Judge in terms Section 11 of the Arbitration and Conciliation Act, 1996. Sri K L Das has become a member of the Tripura Public Service Commission and has expressed his inability to continue with the arbitration.

In this view of the matter, I hereby appoint Sri Alakesh Sengupta, Superintending Engineer, O/o the Additional chief Enginer, PWD(PMGSY), New Secretariat Complex, Agartala as arbitrator to decide the disputes which have arisen between the parties. Sri K L Das is directed to hand over the entire case records of the arbitration case to the newly appointed arbitrator Sri Alakesh Sengupta. The appointment of the arbitrator is by name and not by designation and, therefore, the arbitrator will continue the arbitration proceedings even after transfer/promotion/retirement. Registry is directed to send a copy of this order to Sri Alakesh Sengupta so as to reach within 3(three) days from today. The parties are directed to file claim and counter claim before Sri Sengupta within four weeks from today and he shall decide the matter within six months of the filing of the claim and counter claim.

The petition is, accordingly, disposed of.

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