NAVIN CHAWLA
Applied Communication and Controls – Appellant
Versus
Union of India – Respondent
NAVIN CHAWLA, J.
1. This petition has been filed under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) seeking termination of the mandate of Shri.A.K. Sharma, IG (COMM. & IT) who has been appointed as a Sole Arbitrator for adjudicating the disputes that have been arisen between the parties in relation to the Rate Contract dated 17.01.2013.
2. The Rate Contract between the parties contains an Arbitration Agreement in the form of Clause 23.1 thereof, which is reproduced herein below:-
“23.1 In the event of any question, dispute or difference arising under these conditions or any Special Conditions of Contract, or in connection with this Contract (except as to any matters the decisions of which is specially provided for by these or the special conditions) the same shall be referred to the sole arbitration of an officer in the Ministry of Law, appointed to be the arbitrator by the Directorate General of Supplies & Disposals as per Clause 24 of Conditions of Contract Form DGS&D 68 (Revised).”
3. A reading of the above Clause would show that the disputes have to be referred to a Sole Arbitrator who would be appointed by the Directorat
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