NORTH EASTERN ELECTRIC POWER CORPORATION LTD Vs. M/S. SHROLENSON MARBANIANG

JUDGEMENT

(1.) PRAFULLA C. Pant, 1. By means of this arbitration petition preferred under Section 11(6) of Arbitration and Conciliation Act, 1996, the petitioner has sought appointment of another arbitrator in place of arbitrator Capt. Pradip Kumar (respondent No. 2) appointed by the Hon 'ble Chief Justice, Gauhati High Court vide order dated 19.02.2002 passed in Arbitration Petition (R) No. 1 of 2002.

(2.) HEARD learned counsel for the parties and perused the papers on the record.

(3.) THE present petitioner (NEEPCO) has moved this application for change of his Arbitrator i.e Capt. Pradip Kumar earlier appointed by Hon 'ble Chief Justice, Gauhati High Court. The ground taken in the present petition is that Capt. Pradip kumar became functus officio after he delivered the award as such appointment of another person is sought to be made as an Arbitrator on behalf of the present petitioner (NEEPCO).