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2008 Supreme(Del) 508

BADAR DURREZ AHMED
Kurup Engineering Co. Pvt. Ltd. – Appellant
Versus
Bharat Heavy Electricals Ltd. – Respondent


Advocates:
Advocateds Appeared:
Amit Sharma, for Petitioner.

ORDER :- This petition has been filed under Ss. 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') seeking an order from this Court terminating the mandate of the sole arbitrator and appointment of a substitute arbitrator. On 23-1-2008, when this petition came up for hearing for the first time, notice was issued to the respondents. The learned counsel for the respondents was present and accepted the notice and sought time to file a reply. Thereafter, the respondents 1 to 3 filed their reply and the petitioner filed its rejoinder to the said reply. Nobody has appeared on behalf of the respondents today. The petition has been heard in the absence of the counsel for the respondents.

2. The facts leading to the filing of the present petition are that on 23-10-2003, the respondent awarded the work of erection of, inter alia, the HSRG Boiler at the Indian Oil Corporation Limited Refinery at Mathura, U.P. The contract was terminated by the respondent (BHEL) before the expiry of the contract term. Disputes had arisen between the parties and the petitioner had invoked the arbitration clause. Since the respondent did not appoint the arbitrator


































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