Wm WW, m,W wt 200 Mam wm m mist 1m.- (13W) mmm mam WW? nrwif 1%?!WK a? Wm HIGH COURT OF CHHA ITISGARH AT BILASPUR S B. HON’BLE MR JUSTICE DHIRENDRA MISHRA ARBITRATION zAPPLICATION NO 21 OF 2007 i APPT IFANT . Mfs. BB. Verma 8a Company, Through Proprietor —— BB. Verma, $i o Sbxi Ramchandra Verma, Aged about 6i years, R] 0: (2-15, Mi): Housmg Board. Culnny, Balcu Tuwnship, Kurba, District Kcrrba (CG) Presently 'residmg at HIG 2 Bajpai Castles, Behind Minocha Colmny, Bilaspur (CG) VER$US RESPCHDENTS 1. South Eastern CoaHields Limited, Through Chairman-cum— Managing Director, Swath Eastern Coamelds Limited‘ Saepat Road, Bilaspur (CG) 2. Chief Genaal Manager, South Eastern Coalfields Limited. Bighrampur, District Surguja (CG) ' 7.12.2007 Mr. Anand Kumar Ttwari, < Dr. N.K. Shukh, Sr. Advocate for tho non~applicants. The applicant by this patition with Section 11(6) of the i,__,, AH I ounsel for tho annlicant. with Ms. Ritu Mishra, counsel undcr Sections 14 81, 15 read Arbitration and Conciliation Act {for W oar: 53W, mm? FS/sy— 3mm “30,300. WW,W,W mm W 200 mm (W) WWW mm‘m mmm l mm wm awimm Brief facts of the case are that there was a contract agreement between the parties which contained an arbitration clause. There was a dispute arising 'out of the arbitration agreement and the applicant equested the non-applicants for appointment of arbitrator and accordingly, the non—applicants appointed Mr. B.B. Lal as sole arbitrator for adjudication of the /dispute. .? the concerned authorities to the sole arbitrator for taldng However, when the matter not proceed before the sole d brevity The Act’) has prayed for appointment of a substituted arbitrator to commence the proc feedingsi as Mr. B.B. Lal, the sole arbitrator appointed earlier to adjudicate the dispute is reported sick and he is not in a positio to continue with the arbitration proceedings. Learned arbitrator r completion of the arbitration proceedings made an award d 3rd February 2003. The above award was challenged by the ap licant herein under Section 34 of the Act. Learned District Jud vide order dated 24.7.2006 of Annexure All partly allowed matter to the sole arbitrator However, learned sole arbitra or on account of his personal difficulties could not proceed 'th the arbitration proceedings. Thereafter; the applicant vide ammunication dated 28th August 32006 addressed to the non—app 'eant No. l requested him to direct s r application and remitted the ' initiating further proceedings. all the required documents to ther proceedings in the matter. .a‘._._ W W W. mania —Fs/59— anon: Madman 'e a > r e d WW,W,W Q‘L 200 WW (W) mafsam 3 WWW WW amimm axbitrator, the applicant again Igquested the non-applicant No. 1 vide application of Annexure A] E for maldng substitution of the an arbitrator and to apyoint another arbitrator so that the procoedjngs could be takon and completed at the earliest as directed by the learned Distri‘t Judge. When the competent authorities under the agreem t failed to supply the vacancy caused due to mability of the bitrator for proceeding with the arbitration proceedings, the ins t application for appointment of substituted arbitrator has been ed. The only objection urged by learned counsel for the non— applicants in the reply is that the learned District Judge could not have remitted the matter to the sole arbitrator for further proceedings. Reliance is placed on the order passed by this Court in the matter of Chief General.Mana’ger Vs R. Mukteshwar Rai and another. Arbitration Agge Ll No. 14 of 2006. Having heard learned counsel for the respective parties and having perused the pleadings d documents annexed with this petition as also the reply ' ed by the non~applicants, it is manifestly clear that there is arbitration agreement between the .parties. ' Earlier, sole arbitr or appointed by the competent authorities under the agreeme t proceeded with the arbitration proceedings and made an aw d, Which'was, challenged by the applicant by nling application der Section 34 of theLAtaidithe \ mam nan: gamma, (Tswana Fsl59— snow —3o,.ccu. new-war .g. @ Wm (W) mmm wm'ww WWW www§wm éaaifanm iearnedDistrict Judgs partly allowing the. said application ramittai the mattar to the sole arbitrator for oeSh arbitration proceedings. Howwor, the arbitration proceedings could not b6 commcnced because of some personal difbc was ceased of the arbitratiompro the applicant applied to the co: thelvacancv caused due to it commence the further arbitrati was not supplied within the stip ulties of the sole arbitratorr Who ceedings. In these circumstarrces, Jipetenf authorities for supplying [abilitv of the sole arbitrator to on proceedings, but the vacancy lated period of one month. So far as the argument a anced bv learned counsel for the non—applicants that the District Judge was not competent to remit for fresh arbitration proceedings, y the District Judge under Section 34 of the Act has attained hnahity as the non~applicants have not assailed the above order and therefore, now it is not open to the non—applicants to challenge the proceeding. the matter to the sole arbitrato is concerned, the order passed b legality of the above order in this In View of above, the application is allowed and a case for appointment of substituted arbitrator is held to be made out. However. at the time of 1' parties to the proceedings that hearing it was submitted by the thev have no objection if Hon’ble M2: am gamma, mania FS/59— 3mm: _30,ocu. Wm W 200 mm WW,W,W wt 200 MWW 3211mm mmm ”3’ mm‘&’wm ém’fdwaléa MI. Justice K.L. Shrivastzva {RamédL High Court of MP. is appointed as the sole arbitrator to adjudicate the disputes. mm (W) ra§point Hon’ble Mr. Justice KL. I herebv. Tharefore, Shrivastava (Retired), High Court of M.P. as substituted arbitrator, subiect to his consent. The and conditions and remuner Hon’ble arbitrator mav settle his terms ReQistrV to intimate\ ations . Hon’ble Mr. Justice K.L. Shrivastava (Retired) about his appointt lent as arbitrator and to send all the papers along with addresses of the parties. Parties are also directed to armroach Hon’ble Mr. Justice KL. Shrivastava {Retired}. High Court of M.P. C/o Mr. Arvind Kumar Shrivastava, District 8a Sessions Judge, Bilaspur (CG) and submit papers and take part in the arbitration yroceedings. Sd/- Dhirendra Mishra . Judge ‘ss: