SUBHASH PROJECTS AND MARKETING LTD Vs. ASSAM URBAN WATER SUPPLY AND SEWRAGE BOARD

JUDGEMENT

(1.) This petition by M/s Subhash Projects & Marketing Ltd. has in its array the Chief Justice of Gauhati High Court along with Assam Urban Water Supply and Sewerage Board and Shri K.D. Lahkar, Arbitrator. It is a case in which the arbitration proceedings in motion was interrupted in its midway at the instance of the Managing Director of the respondent No. 1 and also because of resignation submitted by the arbitrator, the respondent No. 3.

(2.) I have heard Mr P.C. Markanda, learned senior counsel assisted by Shri G.N. Sahewalla, learned senior counsel for the petitioners and Mr C.K. Sarma Barua, learned senior counsel assisted by Mr B. Mahanta and Mr N. Rajkhowa for the respondents.

(3.) In this petition, the judgment passed by the learned Chief Justice of the Gauhati High Court in his administrative capacity dismissing the application of the petitioner-Company for appointment of an arbitrator in place of respondent No. 3 is in challenge. The respondent No. 3 nominated by the respondent No. 1 took part in the arbitral proceedings, but withdrew from the same pursuant to the letter dated 18/5/1998 issued by the respondent-Board.