MATED AND CO Vs. URANIUM CORPORATION OF INDIA LTD
LAWS(JHAR)-2001-1-8
HIGH COURT OF JHARKHAND
Decided on January 15,2001

MATED AND CO. Appellant
VERSUS
URANIUM CORPORATION OF INDIA LTD. Respondents

JUDGEMENT

Gurusharan Sharma,J. - (1.) HEARD the parties and with their consent this revision application is disposed of at the admission stage. Petitioner was awarded a Decline work at Turamdin Project under Work Order No. UCIL/PROJECT/C lV-NWP/4(A)/88 dated 16.8.1988. Certain disputes arose in respect of the said work contract and for that one Mr. Praveer Dasgupta, Advocate practising at Calcutta was appointed as Arbitrator, who entered into reference. However, the petitioner came to know that Mr. Dasgupta had been a Retainer to the Corporation UC1L, till December, 1994, for its cases at Calcutta. He was also defending the Corporation before Mr. P.K. Patnaik, the Arbitrator in Arbitration Case No. 3 of 1996. A petition under Section 5 of the Arbitration Act, 1940 was, therefore, filed by the petitioner before the Subordinate Judge, Ghatshila for removal of present Arbitrator and for appointment of another Arbitrator. It was registered as Misc. Case No. 1 of 1996. However, by impugned order dated 12.6.1997, the said Misc. case was rejected. In my view, in the aforesaid circumstances, it was incumbent upon the parties to choose another Arbitrator with consent. For this purpose on 5.1.2001 the matter was adjourned-for today. The parties jointly suggest name of Mr. M.N. Bahal, Chief Superintendent (Civil), Uranium Corporation of India Limited, Jaduguda, to be the Sole Arbitrator. The matter is, therefore, remitted to the Court below for further action in accordance with law. This revision application is disposed of. Revision disposed of.;


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