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VIBHU BAKHRU
A K Builders – Appellant
Versus
Delhi State Industrial Infrastructure Development Corporation Ltd. – Respondent
JUDGMENT :
Vibhu Bakhru, J.
[Hearing held through videoconferencing]
1. The petitioner has filed the present petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the A&C Act’) praying that the mandate of the learned Arbitrator be terminated and another Arbitrator be appointed in his place.
2. The respondent (hereafter ‘DSIIDC’) had issued a Notice Inviting Tender (NIT) for executing the work of “Construction of Halfway/Long Stay Home for Social Welfare Department at Sector 22, Rohini, Delhi”.
3. The Contract value of the said work was fixed at Rs.4,70,35,632/- and, it was stipulated that the work would be completed within a period of sixteen months. The petitioner submitted its bid for the said work and was awarded the Contract for executing the work in question by a Letter of Award (hereafter “LoA”) dated 07.08.2012. It was stipulated that the work would be executed on or before 15.12.2013. It is stated that the execution of the work was inordinately delayed. The petitioner claims that the work was completed on 30.03.2015. The petitioner had raised a Final Bill and, it is stated that the same was cleared on 14.05.2019. Certain disputes have arisen
Point of Law : Proviso to Section 12(5) of the A&C Act, there is no scope for entertaining the submission that the petitioner had, by his conduct, impliedly waived its right under Section 12(5) of th....
Point of Law : Proviso to Section 12(5) of the A&C Act, there is no scope for entertaining the submission that the petitioner had, by his conduct, impliedly waived its right under Section 12(5) of th....
The court established that an arbitrator appointed by an ineligible individual cannot act, and waivers of objections regarding ineligibility must be expressed in writing, not inferred by conduct.
The appointment of an arbitrator must comply with Section 12(5) of the Arbitration & Conciliation Act, ensuring independence and impartiality, regardless of when the arbitration proceedings were init....
Unilateral appointment of an Arbitrator by a party is impermissible, and the ineligibility of the Arbitrator under Section 12(5) of the A&C Act is a valid ground for challenging the appointment.
Point of Law : It is not open for the petitioner to challenge the learned Arbitrator on the ground that there are justifiable doubts as to his independence and impartiality in terms of the Guidelines....
An arbitrator's mandate can be terminated when they fail to act without undue delay; new appointments must ensure impartiality as per updated legal standards.
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....
An ineligible arbitrator appointed unilaterally violates Section 12(5) of the Arbitration and Conciliation Act, rendering the arbitral award invalid.
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