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2017 Supreme(Del) 1395

VIBHU BAKHRU
INTERNATIONAL ENGINEERS AND PROJECT CONSULTANTS LIMITED (IEPCL) – Appellant
Versus
UNION OF INDIA – Respondent


Advocate Appeared:
For the Appellant :Ms Rachna Gupta with Mohd. Quais, Advocates
For the Respondent:Mr Jagjit Singh, Mr Ashok Singh and Mr Preet Pal Singh, Advocates for Railways.

ORDER :

VIBHU BAKHRU, J

1. The petitioner has filed the present petition under Section 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') inter alia praying that the mandate of the sole arbitrator (Mr Yogendra Kumar) be terminated and an independent and impartial person be appointed in his place.

2. The facts of this case clearly demonstrate the failure of the alternate dispute mechanism (arbitration) to provide an expeditious resolution of the disputes. The arbitration proceedings commenced on 26.12.2000 and more than sixteen years later are as yet far from being concluded. This has led the petitioner to file the present petition.

3. The petitioner invoked the arbitration clause by its letter dated 26.12.2000 and called upon the respondents to appoint an arbitrator. The respondents did not accede to the request of the petitioner for appointment of an arbitrator. The petitioner was, therefore, constrained to file an application under Section 11 of the Act (AA No.8/2002) which was disposed of by this Court on 20.11.2002 directing respondent no.3 therein- the General Manager, Central Organisation of Railway Electrification (CORE), Ministry of Railways, Civil Li



























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