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VIBHU BAKHRU
Technocrats Advisory Services Private Limited – Appellant
Versus
Ministry Of Road Transport & Highways – Respondent
JUDGMENT
Vibhu Bakhru, J. - Technocrats Advisory Services Private Limited (hereafter "TASPL"),a private company incorporated under the Companies Act, 2013, has filed the present petition under the Arbitration and Conciliation Act, 1996 (hereafter the "A&C Act"), inter alia, praying as under:
"(a) a sole arbitrator may kindly be appointed by this Hon'ble Court to adjudicate the claims of the Petitioner against the Respondent from among the names on the panel of the Indian Road Congress (as annexed herewith);
(b) award the costs of this Petition in favor of the Petitioner and against the Respondent;"
2. On 28.10.2015, the respondent (hereafter "MoRTH") had entered into an Agreement for consultancy services (hereafter "the Agreement") with MC Consulting Engineers Private Limited, in association with Sugam Technocrats Private Limited (hereafter "the Original Consultant"). The said consultancy agreement was with regard to collection and analysis of Highways for a period of three years.
3. The Original Consultant demerged its consultancy business in the field of Road / Highways and Bridges in terms of a Scheme of Arrangement cum Demerger, which was approved by the High Court of Telangana and
The court emphasized that clauses in arbitration agreements that restrict the appointment of an arbitrator to a specific person nominated by a party are in violation of the A&C Act and cannot control....
An arbitration clause limiting arbitrator appointment to a specific body is void if it interferes with a party's right to seek court intervention when the authority fails to act.
The main legal point established in the judgment is that the arbitration clause cannot be frustrated due to the inability of the Appointing Authority to appoint an arbitrator, and that the clause mus....
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the law, and if found to be invalid, the court has the jurisdiction to set it asid....
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....
Requirement of A&C Act is for an independent Arbitrator to be appointed, so that he/she would be in a position to decide matter impartially and as such, reducing possibility of a challenge to an arbi....
The court affirmed that the claimant must secure the necessary Airport Entry Permits and upheld the arbitration award, ruling no breach by the respondent; consent regarding the arbitrator's appointme....
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.
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.
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