Asim Kumar Rout v. West Bengal Cooperative Tribunal And ANR

03.05.2023 PB Sl. No.152.

WPA 7204 of 2023 Asim Kumar Rout Vs West Bengal Co-operative Tribunal & Anr.

Mr. Sudeep Sanyal, Mr. Sukanta Das, Ms. Lopamudra Moitra.

... For the Petitioner.

Mr. Pradip Kr. Roy, Mr. Joydeep Roy.

.......for the State.

Mr. P. C. Bhattacharyya, Mr. Chandan Kr. Lal.

.......for the respondent no.2.

Heard learned advocates appearing for the respective parties.

By this writ petition, petitioner has challenged the impugned judgment and order of the appellate authority dated 29th November, 2022 by setting aside the order of the Arbitrator dated 6th March, 2022 and remanding the matter back to the Arbitrator to decide the dispute after giving an opportunity of hearing to the parties and to pass a fresh award by considering all the issues raised by the petitioner.

I have perused the aforesaid judgment and order containing the reasonings for remanding the matter back to the Arbitrator and I am not inclined to

interfere with the same. However, the Arbitrator is directed to expedite the matter and pass a final order within eight weeks from the date of communication of this order without granting any unnecessary adjournment to either of the parties. It is recorded that this Court has not gone into the merit of the case and the learned Arbitrator while deciding the case shall apply its independent judicial mind while dealing with the case.

With this observation and direction, this writ petition being WPA 7204 of 2023 is disposed of. ( Md. Nizamuddin, J.)