Pinaki Chandra Ghose, J. - (1.) The judgment of the Court was as follows:- This is an application filed by the petitioner inter alia praying for an order that (a) Delay if any in making this application may kindly be condoned ; (b) This Hon'ble Court may be pleased to appoint an umpire in place and stead of the said 2nd umpire Mr. Justice P. C. Barooah (Retd.) (since deceased.) ; (c) The proposed umpire to be appointed by this Hon'ble Court may be directed to proceed with the matter from the stage left over by the said 2nd umpire and the proceedings before the said 2nd umpire may be treated as proceedings before the umpire to be appointed ; (d) Cost and incidental to this application be cost in the arbitration proceedings,
(2.) Tire facts of the case briefly are as follows:- On 21st January, 1976, the petitioner entered into an agreement for supply and installation of a Batching Plant to be used for the construction of the Supa Dam, being part of the Kalinadi Hydel Project, The said agreement contained an arbitration clause, Disputes and differences arose between the panics and whereas on 16th August, 1976, the petitioner tiled an application for filing of the said arbitration agreement and to refer the disputes and differences between the parties to an arbitrator to be appointed by this Hon'ble Court,
(3.) By an order dated 1st November, 1976, the Said agreement was directed to be filed and parties were directed to appoint arbitrators in terms of the said agreement. Accordingly, Mr. P.K. Khaitan and Mr. Subimal Som were appointed as the arbitrators, The said arbitrators appointed Mr. Justice S, Burman, a retired Judge, as an umpire in respect of such proceedings. The said joint arbitrators differed and as a result whereof the said umpire Mr. S. Burman (a retired Judge) held sittings and after the demise of said Mr. S. Burman, Mr. P.C. Barooah (a retired Judge), since deceased, was appointed as the umpire in place and stead of Mr. S. Burman, since deceased,;