Back
ARUP KUMAR GOSWAMI
Ramgopalsomani Station Road – Appellant
Versus
Union of India Acting Through Chief Electrical Engineer (Construction), South East Central Railway – Respondent
ORDER :
Heard Mr. Kshitij Sharma, learned counsel for the petitioner. Also heard Mr. H.S. Ahluwalia, learned counsel, appearing for the respondents.
2. By this application under Section 11(6) of the Arbitration and Conciliation Act, 1996, (for short’ ‘the Act of 1996’), the petitioner prays for appointment of an Arbitrator in connection with a Contract Agreement No.19/CEE/CON/SECR/BSP/2015, dated 07.12.2015, entered into by the petitioner and the respondent No. 3, for executing a contract of “Conversion of 33KV overhead line (of CSEB) to underground cable at PP Yard Bhilai in SEC Railway, Raipur Division”.
3. The Contract Agreement provides that the Indian Railways Standard General Conditions of Contract would be applicable to the Contract Agreement unless specifically mentioned otherwise. Clause 64. (3)(a)(ii) of the General Conditions of the Contract provides for appointment of an Arbitrator in respect of claims over Rs.25 lakhs.
4. There was a dispute relating to release of payment to the petitioner and in connection with a letter dated 10.05.2018, issued by the respondents informing the petitioner that the petitioner had failed to start the work and had also not applied for ext
The court emphasizes that failure to comply with the arbitration clause entitles the petitioner to seek judicial appointment of an arbitrator.
The main legal point established in the judgment is that parties may waive the applicability of Section 12 (5) of the Arbitration & Conciliation Act, 1996 by their conduct, and the appointment of an ....
The arbitration clause was deemed unenforceable due to disqualification under the amended Arbitration and Conciliation Act, 1996.
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.
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
The main legal point established in the judgment is the ineligibility of the appointed arbitrator under Section 12(5) read with Schedule VII of the Arbitration Act and the requirement for a panel of ....
The main legal principle established in the judgment is the procedure for appointing arbitrators under the amended Act and the modified Clause 64 of the GCC, emphasizing the ineligibility of certain ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
