Susanti Rout v. State

 ARBP No.43 of 2010

05. 01.10.2015 Heard learned counsel for the parties.

 This is an application filed under Section 11 of the Arbitra
tion and Conciliation Act, 1996, for appointment of Arbitrator.

 The brief facts of the case is that the Contractor (Dayanidhi
Rout) had been awarded the work extension to Damasala Irrigation from R.D. 45902 to 72300 in D
henkanal District, vide Agreement No.18 F-2 of 1966-67. As the dispute arose with regard to t
he claims made by the Contractor for execution of the contract work, the matter was referred t
o arbitration by the Orissa Arbitration Tribunal, Bhubaneswar, which was registered as Arbitra
tion Case No.32C of 1990.

 It is the case of the petitioners that during pendency of the
arbitration proceeding, the Contractor Dayanidhi Rout expired on 10.8.1998. After his death,
his legal heirs were substituted. Unfortunately, the only son of the Contractor namely, Ram G
obinda Rout, expired in a motor vehicle accident on 24.4.2006 and was substituted by his widow
 and two children. It is the further case of the petitioners that in the Arbitration Case No.
32C of 1990, the original claimant (Contractor) had been examined as a witness on 09.7.1997 an
d 27.8.1997 and was cross-examined on 12.1.1998. It is submitted that since then matter is pen
ding before the Orissa Arbitration Tribunal due to absence of its Member and Presiding Officer
 and till date the arbitration proceeding has not been concluded.

 Learned counsel for the petitioners submits that as the Orissa
 Arbitration Tribunal has failed to act and the arbitration proceeding has not been concluded
even after 25 years, this Court has the jurisdiction to appoint the Arbitrator in exercise of
its power conferred under Section 11(6) of the Arbitration and Conciliation Act, 1996.