MAHA LAXMI FUEL PRODUCTS PVT LTD Vs. SMALL INDUSTRIES DEVELOPMENT CORP , J&K

JUDGEMENT

(1.) IN CMPs No. 402 and 409 of 1993 an order was passed on 30th Dec. 1993 whereby, while declining the petitioners request for reference of pending arbitration disputes to an independent arbitrator, with the agreement of the parties, the matters were referred for adjudication by the arbitration of Shri Najamus Saqib, the Managing Director, SICOP who was to act as the sole arbitrator. The order dated 30th Dec. 1993 is reproduced as under: -

(2.) SINCE the matters in dispute had been pending adjudication in arbitration for a long time, the parties were directed to appear before the arbitrator on Jan. 29, 1994. The arbitrator, as is evident, was directed to pass the award in a period of four months from the date of the passing of the aforesaid order on 30th Dec. 1993. Admittedly till 20 -2 -95, when the present application for the removal of the arbitrator was filed, the award had not been passed. On 20 March, 1995 notice was issued in this application. On 3 -7 -95 the respondents appeared through Sh. M.K. Bhardwaj and submitted that the arbitrator has since passed the award.

(3.) IT is under the aforesaid circumstances that this application is being taken up for consideration disposed today. Alongside the arbitrators application for grant of extension in time for filing the award is also being taken up for orders.