Ramendra Mohan Datta, J. - (1.) THIS is an application under Sections 5 and 11 of the Arbitration Act, 1940, inter alia, for an order that leave be given to revoke the authority of the appointed Arbitrator, Sri P. K. Dey, a Superintendent Engineer, Government of West Bengal and for his removal from further acting as such Arbitrator. The petitioner asks for the appointment of some other competent person as Arbitrator in the place and stead of Sri Dey.
(2.) ACCORDING to the petitioner, the Arbitrator has misconducted himself by expressing his unwillingness and/or refusal to proceed with the arbitration on a signed copy of the minutes of the order of this Court passed on July 31, 1973 by S. K. Roy Chow-dhury, J. The order was as follows :-- "The Court: Time to make and file the Award by the Arbitrator is extended till 15th November, 1973. Arbitrator to make as many sittings as possible so as to complete the arbitration proceedings within time. This extension is peremptory unless good cause is shown. Arbitrator and all parties to act on a signed copy of the fiat of this order." Upon receipt of the copy of the order the Arbitrator wrote to the petitioner's Solicitor as follows :-- "Sir, Under advice of my Government Pleader, I am to inform that necessary action on my part will be taken on receipt of "certified Copy" of the Hon'ble Court's order." Copies of the said letter were forwarded for information to (1) The Executive Engineer, Kangsavati Canals Division No. 2, Khatra, Bankura, (2) Chief Engineer (I) West Bengal, and (3) Deputy Secretary I and W Department, West Bengal.
(3.) THE petitioner's Solicitor, Mr. Kar, wrote back on August 28, 1973 to the following effect :-- "Dear Sir, Your letter No. 1138/TM/117 dated 23-8-1973. THE Court has empowered you to proceed with the arbitration on a copy of the minutes of the order which has been countersigned by the Court Officer as evidence of genuineness of the order made. Formal drawing up of the order and obtaining of the certified copy will lake long time and this period should not be wasted. It may be that it will not be available before the time runs out. You are therefore requested to act on the signed copy as directed by the Court. Yours faithfully, Sd/- R. C. Kar.";