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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJESH S.PATIL
Truly Pest Solution Private Limited (Being A MSME) – Appellant
Versus
Principal Chief Mechanical Engineering (P.C.M.E.) Central Railway – Respondent
JUDGMENT :
Rajesh S. Patil, J
1. The present petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Arbitration Act’), by the original claimant seeking to quash and set aside the arbitral award dated 4th February 2022, passed by the sole arbitrator.
FACTS
2. On 5th May 2016, a tender was published by the Divisional Railway Manager (Mechanical), Central Railway, Mumbai (for short ‘Railways’) towards the work of Pest and Rodent Control, in railway passenger coaches maintained at CSTM, WB, MZN, DRT and LDT, Coaching Depots and Rodent Control in Coaching Depots yard and premises. The petitioner participated in the tender process and on 7th June 2016, was declared as the successful bidder. Accordingly, the contract work of the said tender was awarded to the petitioner, for an amount of Rs.1,96,32,255/-. The contract period was for three years i.e. from 30th November 2016 to 29th November 2019.
3. Meanwhile, Government issued Notification on 19th January 2017, by which the rates of minimum wages payable to labourers were increased. Additionally, the railways issued a Joint Procedure Order (for short ‘JPO’) dated 20th December 2017, wherein all the con
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Participation in arbitration without objection constitutes a waiver of the right to challenge the appointment of the arbitrator, as per Sections 4 and 12 of the Arbitration and Conciliation Act.
A unilateral appointment of an arbitrator by one party contravenes Section 12(5) of the Arbitration and Conciliation Act, rendering the arbitral award void ab initio and against public policy.
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