IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 12013 of 2008(B) ---------------------------------------- PETITIONER: -------------------- M/S.DIVINE GENERATOR SPARES & SERVICES, 6/1083, NEAR 4TH RAILWAY GATE, CALICUT - 673 001, REPRESENTED BY ITS PROPRIETRIX SMT.VALERIE P.FERNANDEZ. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS: -------------------------- 1. THE SOLE ARBITRATOR SRI.U.K.NANDAPURKAR, SUPERINTENDING ENGINEER (E), B.S.N.L., ELECTRICAL CIRCLE, NO.6/7, C.T.O. ANNEXURE, RAJ BHAVAN ROAD, BANGALORE - 560 001. 2. THE EXECUTIVE ENGINEER (E), BHARATH SANCHAR NIGAM LTD., ELECTRICAL DIVISION, THRISSUR. 3. THE CHIEF ENGINEER, BHARATH SANCHAR NIGAM LTD., KERALA CIRCLE, TRIVANDRUM. 4. THE CHIEF GENERAL MANAGER, BHARATH SANCHAR NIGAM LTD. KERALA CIRCLE, TRIVANDRUM. BY SRI.MATHEWS K.PHILIP,SC, BSNL BY SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 12013 of 2008 ------------------------------------- Dated: APRIL 8, 2008 JUDGMENT In this writ petition what is sought for by the petitioner is that the arbitration proceedings, of which the 1st respondent is the sole arbitrator, should be expedited and completed at an early date. 2. From Ext.P1 of 26.12.2005 it is seen that the 1st respondent was appointed as the sole arbitrator for resolving the dispute between the petitioner and the BSNL. According to the petitioner, though the parties have filed statements and counter statements and the pleading are completed, there has not been any further progress in the matter. Petitioner is also referring to Exts.P5 to P7 where requests have been made for posting the arbitration matter and complains that there has not been any progress even thereafter. 3. I heard the standing counsel for the BSNL also who confirms that the pleadings have been completed, but however submits that the arbitrator has not posted the dispute for further WP(C) 12013/08 Page numbers proceedings. 4. If, as stated by the petitioners, the pleadings have been completed by the claimant and the respondents, it is incumbent on the part of the arbitrator to proceed with the matter and complete the same on an expeditious basis. In this case more than two years have lapsed since the appointment of the arbitrator and no appreciable progress has been made so far. 5. In view of this, I direct that the arbitrator shall complete the proceedings as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. 6. Petitioner shall produce a copy of this judgment before the arbitrator for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-