This is a single-paragraph interim order disposing of a writ petition seeking directions to a sole arbitrator who is hospitalized. The court directed the arbitrator to decide the dispute within three months.
Direction to respondent no.3, sole arbitrator, to decide the matter within three months.
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C No. - 9
Case :- WRIT - C No. - 2670 of 2021
Petitioner :- Vinod Kumar Malik Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Nandan Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
The petitioner by way of the present petition seeks direction to respondent no.3 to decide the claim of the petitioner in terms of clause 17 of the agreement dated 28.03.2009 in accordance with procedure prescribed under Arbitration and Conciliation Act, 1996.
The relief emanates from the fact that a dispute arose from said agreement and the matter has been referred to an arbitrator for its resolution. Respondent no.3 is appointed as an arbitrator.
On 01.02.2021, State was called upon to seek instructions.
On oral instructions, it is informed that since respondent no.3, the sole arbitrator, met with an accident and is presently hospitalized, therefore, he could not dwell upon the matter, it is however informed that the matter will be decided within a period of three months.
In view whereof, the petition is disposed of with a direction to respondent no.3, the sole arbitrator, to decide the matter within a period of three months from the date of communication of this order.
Order Date :- 9.2.2021 Madhurima
(Jayant Banerji, J.) (Sanjay Yadav, J.)
1 issue framed by the court
Whether the court can direct the sole arbitrator to decide the referred matter within a specified time limit.
1 provisions across 1 enactments
Vinod Kumar Malik
State Of U.P.
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
