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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA
Jayashree Electromech Private Limited – Appellant
Versus
West Bengal State Electricity Transmission Company Limited – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”) has been filed for a composite reference in respect of six letters of award of contract issued by the respondent in favour of the petitioner pursuant to a tender floated by the respondent for construction of various electrical transformers and allied projects. The petitioner turned out successful in the tender and was awarded the six letters of award on different dates being May 26, 2016, August 26, 2016 and April 6, 2018.
2. The several letters of award pertained to supply of materials and equipment and installation, erection and construction of various transformers bay and feeder bay at different places in West Bengal.
3. Formal contracts were executed by and between the parties in terms of the letters of award on four different dates. As per the contracts, the parties were to be governed by the General Conditions of Contract (GCC) and Special Conditions of Contract (SCC).
4. Subsequently, the petitioner wrote to the respondent requesting enhancement of the existing contract amount on account of GST implementation
The consent to arbitrate can waive mandatory pre-arbitration formalities, allowing disputes from separate contracts to be arbitrated as a composite matter.
The court held that its review under Section 11(6) is limited to confirming the existence of an arbitration agreement, without delving into substantive disputes, which is for the Arbitrator to decide....
The main legal point established is the applicability of Section 11(6) of the Arbitration and Conciliation Act, 1996, in cases where a party fails to appoint an arbitrator within the stipulated time ....
Point of Law : S.13(2) provides that a party who intends to challenge appointment of an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or afte....
Failure to appoint an arbitrator within the agreed timeframe under Arbitration Agreement allows the court to intervene and appoint an arbitrator under Section 11(6) of the Arbitration and Conciliatio....
The referral court under Section 11 of the Arbitration and Conciliation Act must determine the prima facie existence of an arbitration agreement and appoint an arbitrator if satisfied.
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