M/S Shanti Enterprises v. The Superintending Engineer

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT PORT BLAIR **** AP/10/2021 M/s Shanti Enterprises ... Petitioner Vs.

The Superintending Engineer ... Respondent Mr. Tapan Kr. Das, Advocate ... for the petitioner Mr.MP.Kamraj, Advocate ... for the respondent November 10, 2021 [GNC] Item no.19 This application is made for appointment of substituted Arbitrator under Sections 14(1)(a) and 15(1)(a) read with Section 11(6) of the Arbitration and Conciliation Act, 1996. It appears from the records that one Mr.S.C.Mishra, Advocate was appointed Arbitrator by this Court dated 13th August, 2019 and was directed to enter into the reference and dispose of within a period of three months which he had failed to do so.

It appears from the records that the Arbitrator has failed to dispose of the reference within a period of three months. He also not responded to any of the communications made by the petitioner.

In that view of the matter, this Court is of the view that the petitioner is entitled to the prayers made in the application. Mr.Arul Prashant, Advocate, High Court, Port Blair shall be appointed as Arbitrator who shall attempt to complete the reference and pronounce Award in terms of Section 29A of the Act of 1996. The fee payable to the Arbitrator shall also be in terms of the said Act.

The Arbitration Petition stands disposed of.

(Rajasekhar Mantha, J.