IN THE HIGH COURT OF JUDICATURE AT PATNA REQ. CASE No.15 of 2010 M/S SIG. TEL. ENTERPRISES THROUGH VINOD KUMAR SINGH, AGED ABOUT 48 YEARS, SON OF LATE TRILOK NATH SINGH, RESIDENT OF MOHALLA MIRCHAIBARI NEAR JAGARNATH MANDIR, P.S. & DISTRICT KATIHAR……………….PETITIONER. Versus 1. THE EAST CENTRAL RAILWAYS THROUGH GENERAL MANAGER, EAST CENTRAL RAILWAY HAJIPUR. 2. THE CHIEF SIGNAL TELECOM ENGINEER, CON,MHX SC/1 KULHARIA COMPLEX, MAHENDRUGHAT, PATNA. 3. THE DY. C.S.T.E. CON. PLG, KULHARIA COMPLEX MAHENDRUGHAT, PATNA…RESPONDENTS. For the petitioner :Mr. Shailendra Kumar Singh, Advocate. For the respondents :Mr. A. Amanullah, Advocate. ----------- 06/ 09.03.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This request case has been filed by the petitioner for appointment of an individual/impartial Arbitrator for the amicable settlement of the dispute between the parties with regard to payment of outstanding dues as per the Agreement dated 06.11.2007 for replacement of worn out level frame by panel interlocking at Jhajha Station in Danapur Division of East Central Railway. 3. It transpires that there is an agreement which also contains an Arbitration Clause. It is also apparent that there is a dispute due to which the petitioner filed an application before the authority concerned for Arbitration. The respondent authority issued letter dated 18.06.2010 (Annexure-A series at page-8) to the petitioner suggesting four names of Railway - 2 - Officers, out of whom petitioner was to choose two names for the purposes of Arbitration. Thereafter on 01.07.2010 (Annexure-A series at page-9) the petitioner replied to the respondent authority giving his chosen two names of Railway Officers for Arbitration. The respondent authority acknowledged the same and sent letter dated 29.07.2010 (Annexure-A series at page-11) appointing Arbitral Tribunal, including one of the suggested persons as required. Subsequently letter dated 13.08.2010 (Annexure-A series at page-16) was issued by the respondent authority directing the petitioner to submit his statement of facts along with claim to the undersigned with copy to other Arbitrators and respondent within 21 days from the date of issue of that letter, but according to the respondents it was not complied. 4. Learned counsel for the petitioner submits that the plea of the respondents is absolutely frivolous and misconceived as the relevant facts had already been mentioned in the petitioner’s application dated 13.08.2010 and 18.01.2011. He further submits that in fact one of the members of the Tribunal had ceased to function and the fresh Arbitrator was appointed later, but in spite of that the meeting of the Tribunal has not taken place. On the other hand, learned counsel for the respondents argued that due to laches on the part of the petitioner, the Tribunal could not proceed. 5. Be that as it may, the above statements and counter statements appear to be an unnecessary fight between - 3 - the parties on trivial issue, ignoring the main issue of Arbitration as per the Arbitration and Conciliation Act, 1996. 6. Admittedly Tribunal is now complete and the matter is pending before it. Hence the petitioner is directed to approach the Chairman of the Tribunal within fifteen days from today along with a copy of this order as well as a fresh statement of facts along with the petitioner’s claim, whereafter all the Arbitrators of the Tribunal must within one month start holding regular meetings at Danapur without fail so that the matter may be disposed of positively within three months thereafter. It may be noted that no undue adjournment shall be granted to any of the parties and all of them must co-operate with the Tribunal for early disposal of the matter. 7. If the Tribunal does not decide the matter within the aforesaid time in spite of best efforts of the petitioner, the petitioner will be at liberty to move this court for appointment of individual Arbitrator which will be decided in accordance with specific provisions of the Arbitration and Conciliation Act, 1996. Harish (S.N. Hussain, J.)