DEBENDRA BIJOY GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under sections 14 and 15 of the Arbitration and Conciliation Act, 1996. The grievance of the petitioner is short but very convincing. Although an Arbitral Tribunal comprising of three Arbitrators was constituted on 15th January, 2007, only three sittings have been held so far. It is said that one or more members of the Arbitral Tribunal were transferred from their posts in Kolkata to another place and in his or in their place some other Arbitrator or Arbitrators were appointed by the railways according to the arbitration clause.

(2.) Apart from filing of pleadings no progress has been made.

(3.) The Arbitral Tribunal was last re-constituted in August, 2010. Even thereafter nothing has been done, it is alleged. The learned Counsel for the railways, however, said that a meeting was called on 11th October, 2010 but it was adjourned on the ground that this application was pending before the Court.