APARESH KUMAR SINGH,J. - (1.) This application has been filed under section 11(6)(C) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator invoking Clause 64 of the agreement dated 22nd February 2007. As a matter of fact an Arbitral Tribunal had been constituted for adjudication of the dispute between the parties in terms of the relevant arbitration clause under the agreement by the respondents-railways themselves by order dated 12th May 2011 comprising the following persons:- (1) Mr. Kanhaiya Kumar (Sr. DMM/HYB/SCR) (Ex Dy CMM/D/SER/GRC) Presiding Arbitrator (2) Mr. N.K. Das now retired (Ex Sr. DFM/ADA/SER) (3) Mr. Amit Roy working as Dy CSTE (CON)/SER/GRC (Ex Dy CSTE (Survey)/SER/GRC) Both Co-Arbitrator.
(2.) This arbitral panel replaced the erstwhile tribunal due to termination of their mandate. Petitioner made an application on 30th December 2016 to the General Manager, South-Eastern Railways, Garden Reach, Kolkata (Annexure-7) stating that the argument in the arbitration proceedings had concluded on 4th March 2016 and stamp paper was submitted for making and publishing the award, yet the award had been published despite his reminder dated 28th June 2016 also. In such circumstances, the petitioner conveyed his intension to approach this Court for appointment of an arbitrator in terms of the amendment of the Arbitration Act, if the matter is disposed of within a year.
(3.) The respondents appeared in the matter. By order dated 11th August 2017 the respondent railways were allowed time to file their response positively. The same has been filed after some delay on 14th September 2017.;