Court No. - 59
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 86 of 2000 Applicant :- Jai Mata Plywood P.Ltd. Ghaziabad And Another Opposite Party :- The R.M. Oriental Insurance Co. Ltd. And Another Counsel for Applicant :- Rajeev Misra,Ashutosh Srivastava Counsel for Opposite Party :- A.K.Srivastava,Arun Kumar Shukla Hon'ble Saumitra Dayal Singh,J. Re: Civil Misc. Recall Application No. 305639 of 2010
1. Heard Sri Arun Kumar Shukla, learned counsel for opposite party/applicant in recall.
2. The present application for recall has been filed to recall the order dated 21.5.2010 passed by this Court appointing Mr. Radhey Shyam Chaubey as the sole Arbitrator.
3. Learned counsel for the opposite party states that the aforesaid order was passed upon concealment of fact, being that by an earlier order dated 14.11.2003, passed by this Court in Civil Misc. Application No. 86 of 2000, Mr.
V.K. Sircar had been appointed as the sole Arbitrator with respect to the same dispute. However, the applicants never appeared before that Arbitrator. Consequently, the learned Arbitrator terminated the proceedings by his award dated 4.5.2004.
4. While the aforesaid objection may have merited consideration, it is the further submission made by learned counsel for the respondent that even after appointment of the subsequent Arbitrator was made by order dated 21.5.2010, no proceedings have taken place. Nine years have passed since then.
5. Thus, even if it is assumed that any mandate may have arisen upon the order dated 21.5.2010, the same stands terminated by efflux of time and operation of law.
6. If the fact be otherwise, that is a valid award may have come into existence consequent to the order dated 21.5.2010, even then, the present recall application would have lost its efficacy and other remedies would have become open to the applicant, in accordance with law, against such an award.
7. In view of the above, no useful purpose would be served in passing any other order in the present application.
8. The application is accordingly dismissed.
Order Date :- 27.9.2019 Prakhar