Court No. - 7
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 11 of 2011 Applicant :- M/S Banshal Construction, Ghaziabad Opposite Party :- Iii-A.D.J., Ghaziabad And Ors Counsel for Applicant :- R.P. Tiwari,K.C. Tripathi Counsel for Opposite Party :- C.S.C.,C.S. Singh,G.K. Pandey,G.P.Pandey,G.Pandey,Madan Mohan,Vindhayavasini Prasad,Vivek Saran
Hon'ble Surya Prakash Kesarwani,J.
List revised. Case called out. No one appears on behalf of the applicant to press this application. Sri Vivek Saran, learned counsel for the respondent Nos.3 to 6, is present.
The case is listed peremptorily today.
From the records, it appears that this application was initially filed as a writ petition being Civil Misc. Writ Petition No.3920 of 1999 challenging the order dated 15.04.1998 whereby Judge Small Causes Court, Ghaziabad extended the time to conclude the arbitration proceedings. He rejected the request of the petitioners to substitute the then existing arbitrator by another arbitrator under Section 11 and 12 of the Arbitration Act, 1940. Against this order, the petitioner filed a Civil Revision No.91 of 1998, which was dismissed by the court of IIIrd Additional District Judge, Ghaziabad by impugned order dated 24.11.1998. Aggrieved with these two orders, the aforesaid Civil Misc. Writ Petition No.3920 of 1999 was filed. On 10.02.2011, this court passed the following order:
"This is a matter relating to arbitration proceedings. It should be listed before the appropriate court dealing with arbitration, showing the name of Sri C.S.Singh as counsel for the respondents."
It appears that after the afore-quoted order dated 10.02.2011 was passed, the writ petition was converted into an Arbitration and Conciliation Application under Section 11(4) of the Arbitration and Conciliation Act, 1996 and accordingly it was numbered as Arbitration and Conciliation Application U/S11(4) No.11 of 2011.
The order dated 15.04.1998 was passed extending the time to conclude the arbitration proceedings. About 20 years have passed since then. It appears that either the arbitration proceeding has been concluded or the petitioner/ applicant has lost interest in the present application.
In view of the aforesaid, this application is dismissed giving liberty to the applicant to move a recall application, if according to him, the cause of action in this application still survives.
Order Date :- 24.4.2018 NLY