SUPREME COURT OF INDIA

Before:- Ajay Prakash Misra and D.P. Mohapatra, JJ.

Civil Appeal No. 3454 of 2000 (arising out of SLP(C) No. 7976 of 2000). D/d. 11.5.2000.

M/s. Eastern Mineral and Trading Agency - Appellant

Versus

Steel Authority of India Ltd. - Respondent

Arbitration and Conciliation Act, 1996, Section 15 - Proceedings pending before Arbitrator - Petition for standing proceeding - Not proper to stay the proceedings - Arbitrator to conclude proceedings but not to sign award during pendency of the appeal.

[Paras 3 and 4]

JUDGMENT

Leave granted.

2. Heard learned counsel for the parties.

3. The present petition is directed against the order dated 30th March, 2000 of the Division Bench of the Calcutta High Court in APOT No. 146 of 2000 under which a direction was issued to the respondents to file an affidavit-in-opposition and an affidavit-in-reply. It further ordered, until further orders, the operation of the order passed by the learned single Judge shall remain stayed and the arbitration proceedings shall go on. This order was passed by the Division Bench as against the aforesaid interim order passed by the learned Single Judge who granted stay of further proceedings before the Arbitrator. The Division Bench simultaneously referred the question to Full Bench, whether under 1996 Act the Court has any jurisdiction to remove any Arbitrator, where arbitration proceedings are going on.

4. We have heard learned counsel for the parties. We do not feel it appropriate to stay the proceedings before the Arbitrator. The Arbitrator may go on with the proceedings and conclude it but will not sign the Award, which shall be subject to the order to be passed either in the appeal which is pending or the order of the Division Bench.

5. With the aforesaid observations, the present appeal is finally disposed of.

Order accordingly.