Trex Veneers Pvt. Ltd. Vs. M/S. Aradhana Distributors Pvt. Ltd. - Court Judgment

SooperKanoon Citationsooperkanoon.com/906295
CourtKolkata High Court
Decided OnJul-29-2010
Case NumberAP No.202 of 2010
JudgeI . P. Mukerji, J.
AppellantTrex Veneers Pvt. Ltd.
RespondentM/S. Aradhana Distributors Pvt. Ltd.
Advocates:Mr. Ratnanko Banerjee, Bar at Law ; Mr. Sayantan Bose, ; Mr. Satarup Banerjee, Advs.
Excerpt:
the court: it appears from the records that for alleged default of the petitioner in filing their statement of claim, the arbitral tribunal terminated the arbitration under section 25 of the arbitration and conciliation act. 1996. reference may be made to the letter dated 30th september, 2008 of one of the arbitrators, (now deceased) to the petitioner. this application asked the court to appoint an arbitrator in place and in stead of the deceased arbitrator shyamanand jalan. when there is no revival of the arbitral proceedings or grounds made out to reverse such termination in this application, there is no scope for appointment of any arbitrator. the arbitral proceedings stand terminated. however, while dismissing this application i reserve liberty to the petitioner to take out a fresh application on the self-same cause of action and for reviving the mandate of the arbitrators, if so advised and if so available in law. this application is accordingly dismissed.all parties concerned are to act on a signed photocopy of this order on the usual undertakings.
Judgment:
The Court: It appears from the records that for alleged default of the petitioner in filing their statement of claim, the arbitral tribunal terminated the arbitration under Section 25 of the Arbitration and Conciliation Act. 1996. Reference may be made to the letter dated 30th September, 2008 of one of the arbitrators, (now deceased) to the petitioner.

This application asked the Court to appoint an arbitrator in place and in stead of the deceased arbitrator Shyamanand Jalan.

When there is no revival of the arbitral proceedings or grounds made out to reverse such termination in this application, there is no scope for appointment of any arbitrator. The arbitral proceedings stand terminated.

However, while dismissing this application I reserve liberty to the petitioner to take out a fresh application on the self-same cause of action and for reviving the mandate of the arbitrators, if so advised and if so available in law. This application is accordingly dismissed.

All parties concerned are to act on a signed photocopy of this order on the usual undertakings.