- (1.) This is an application challenging the orders dated 25th September, 1998, 16th November, 1998 and 6th December, 1999. The order dated 25th September, 1998 was passed by the Hon'ble Justice N. K. Mitra as His Lordship then was. The order dated 16th November, 1998 was passed by the then Hon'ble Acting Chief Justice and the order dated 6th December, 1999 was passed by a Division Bench of this Court presided over by the Hon'ble Justice V. K. Gupta and Hon'ble Justice P.K. Sen as Their Lordships then were. By the above order dated 16th November, 1998 the then Hon'ble Acting Chief Justice in exercise of power under Section 11 of the Arbitration and Conciliation Act, 1996 passed an order appointing Mr. Justice N. K. Bhattacharyay, a retired Judge of this Court an arbitrator in 109 several matters ; Mrs. Justice Manjula Bose, a retired Judge of this Court an arbitrator in respect of 21 matters. Mrs. Justice Padma Khastagir, a retired Judge of this Court since deceased in respect of 4 several matters and Mrs. Justice Prativa Banerjea a retired Judge of this Court, in respect of 10 matters and Mr. Justice Amulaya Kr. Nandi, another restired Judge of this Court, in respect of one matter. In sum and substances by the order dated 16th November, 1998 the then Hon'ble Acting Chief Justice appointed 5 former Judges of this Court to arbitrate in respect of 145 matters. The request of appointment of arbitrator or arbitrators made by the respondent Nos. 3 to 10 was heard by the Hon'ble Mr. Justice N. K. Mitra as His Lordship the then was. His Lordship allowed the application. The operative portion of the judgment reads as follows :- "referred to the Hon'ble Chief Justice for appointing 5 several sole arbitrators one for each of the five Courts viz., Howrah, Burdwan, Bolpur, Suri and this Hon'ble Court in accordance with the Apex Court's order dated August 21, 1995 and in terms of Section 11(5) of the Arbitration and Conciliation Act, 1996."
(2.) Aggrieved by the order dated 25th September, 1998 passed by the Hon'ble Justice Mitra, the petitioner proposed to prefer an appeal but in the mean time the matter was taken up by the then Hon'ble Acting Chief Justice when the order dated 16th November, 1998 appointing five former Judges of this Court was passed in respect of 145 matters without prejudice to the rights and contention of the petitioner. The appeal subsequently filed was dismissed by the order dated 6th December, 1995. These are the three orders which are under challenge in this writ petition wherein a writ in the nature of certioran has been prayed for quashing the aforesaid orders. The facts of the case briefly stated are as follows :
(3.) 144 several title suits under Section 20 of the Arbitration Act, 1940 were filed by the respondent Nos. 3 to 10 during the period between the years 1991 and 1993 in four different District Courts of the State of West Bengal claiming an order for filing arbitration agreement and for appointment of arbitrators. The said respondents subsequently applied under Clause 13 of the Letters Patent read with Section 24 of the Code of Civil Procedure for transfer of the said 144 title to this Court and for appointment of arbitrator under Section 8 of the Arbitration Act of 1940 which culminated in an order dated 23rd February, 1994 passed by the Hon'ble Justice S. K. Hazari, as His Lordship then was by which all the 144 suits were transferred to this Court and were simultaneously referred to two former Judges of this Court in the ratio of 72 cases each. The petitioner preferred an appeal against the order dated 23rd February, 1994 which was disposed of by an order dated 3rd October, 1994 allowing the appeal and setting aside the order passed by the learned Single Judge on 23rd February, 1994. The said respondents preferred a special leave petition before the Apex Court which culminated in an order dated 21st August, 1995 passed by the Apex Court which reads as follows :- "Heard counsel for the parties. We are not inclined to interfere with the order passed by the Division Bench. Mr. Verma learned Senior Counsel appearing for the respondent-Railway states that arbitrators shall be appointed in respect of different agreements entered into between the petitioners and the respondent-Railway to adjudicate the dispute in question. He also stated that if within the jurisdiction of one particular Court there are more than one dispute. Which have to be fulfilled for arbitration then one arbitrator shall be appointed for all such disputes. The petitioners shall be at liberty to give suggestions on the above lines within two weeks. The respondent shall appoint arbitrators within eight weeks from the date of suggestions which are furnished to them by the petitioners. The special leave petition is disposed of.";