Back
CHANDRA DHARI SINGH
Hi Tech Sweet Water Technologies Pvt. Ltd. – Appellant
Versus
Indian Railway Catering And Tourism Corporation Ltd. – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The instant petition under Section 14(2), 15(2) and 15(3) of the Arbitration and Conciliation Act, 1996 (hereinafter "Arbitration Act") has been filed on behalf of petitioner seeking the following reliefs:
"(i) pass an order terminating the mandate of the Arbitral Tribunal comprising Hon'ble Mr Justice (retd.) S.L. Bhayana, learned sole Arbitrator;
(ii) appoint a substituted Arbitrator;
(iii) pass any other or further order which this Hon'ble Court may deem fit and proper in the fact and circumstances of the case."
2. The background of the matter reveals that the petitioner is a company duly constituted under the Companies Act, 1956 engaged in the business of manufacture, supply and export of RO Membranes, RO Water Purifiers, Spare Parts thereto, etc., and the respondent is the Indian Railway Catering and Tourism Corporation Ltd., also a company registered under the Companies Act, 1956.
3. The respondent invited Expression of Interest for empanelment of firms for installation and operation of water vending machines on stand- alone basis at certain railway stations. For the same, the petitioner was declared the successful bidder and was empanel
The court emphasized the need to adhere to the Fourth Schedule of the Arbitration Act in determining arbitrator's fees and highlighted the importance of avoiding delay in arbitration proceedings to p....
Arbitral fees must adhere to mutual consent; however, they may be revised in extraordinary circumstances as dictated by the Fourth Schedule of the Arbitration and Conciliation Act.
The main legal point established in the judgment is that the grounds for termination of an arbitrator's mandate must satisfy the circumstances laid down under the Act and the precedents set by the Ho....
The Court emphasized that grievances regarding the conduct of the arbitrator should be raised at the stage of challenging the eventual award and that the alleged delay in the proceedings did not warr....
The court affirmed that termination of arbitral proceedings does not permit the appointment of a substitute arbitrator without reviving prior termination, emphasizing procedural adherence in arbitrat....
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
