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IN THE HIGH COURT AT CALCUTTA
ARINDAM MUKHERJEE
Ravi Realcons Pvt. Ltd. – Appellant
Versus
Chief Engineer, Andaman Public Works Department – Respondent
Judgment :
Arindam Mukherjee, J.
I. Nature of application:-
This is an application by the contractor seeking Court’s intervention to the mandate of the Arbitrator under the provisions of Section 14 (1) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said 1996 Act) in proceedings where an officer of the Central Public Works Department (hereinafter referred to as CPWD) is the appointing authority and has appointed an Arbitrator exercising such authority on the ground of ineligibility of the arbitrator to enter into reference and adjudicate in view of the provisions of section 12 (5) read with the Seventh Schedule of the said 1996 Act and to appoint a substitute arbitrator in its stead.
II. Facts of the Case: -
1) The petitioner, M/S. Ravi Realcons Pvt. Ltd., is a Government contractor enlisted as Class-I (Civil) contractor with the Andaman Public Works Department (in short APWD). The petitioner entered into an agreement with the respondent for the work of “Construction 48 numbers Type–II Quarters (triple storied)” to be completed within twenty four months for the amount of Rs.8,47,73,577/- (hereinafter referred to as the said agreement). Incorporated in the s
Arbitral Tribunal consisting of officers of State have become ineligible to become Arbitrators and to continue as Arbitrators.
The appointment of an arbitrator must comply with the Arbitration and Conciliation Act, particularly Section 12(5), which disqualifies certain individuals from serving as arbitrators.
Point of law: Arbitration -in the absence of an express agreement between the petitioner and the respondent subsequent to arising of disputes whereby the parties expressly agreed to waive the applica....
Point of law: As per the legal position settled by the Supreme Court in catena of judgments, the High Court has the jurisdiction under Section 11(6) of the said Act to nullify the appointments made b....
Once person who was required to arbitrate upon disputes arisen under terms and conditions of contract becomes ineligible by operation of law, he would not be eligible to nominate a person as an arbit....
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