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SACHIN DATTA
Ranjit Construction Company – Appellant
Versus
Gujarat State Road & Building Department – Respondent
JUDGMENT
Sachin Datta, J. The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (the "A&C Act") seeks appointment of an independent sole arbitrator to adjudicate the dispute between the parties.
2. The disputes between the parties have arisen in the context of a tender process initiated by the respondents for work of "Strengthening of Km. 572/000 to 609/000 (Tarsada-Kanja-Vyara-Kapura Section) of N.H.-56 in the State of Gujarat on EPC Mode". The petitioner submitted its bid for the work on 25.05.2021. The bid of the petitioner was found to be lowest and it was issued a Letter of Intent dated 03.07.2021. The petitioner was thereafter called upon to furnish Security Deposit and Performance Bond. The petitioner complied with the said requirements and the said work was consequently awarded in favour of the petitioner vide work order dated 02.08.2021. The stipulated period of completion of the work was nine months from the date of the work order and thus the work was required to be completed on or before 01.05.2022. The said work could not be completed within the stipulated time period. Consequently, certain disputes have arisen between the parties.
3. Art
The conciliation process in the contract agreement was not mandatory, and non-compliance did not bar the petitioner from invoking arbitration.
The main legal point established in the judgment is that the appointment of an independent sole arbitrator is necessary, and the refusal of the petitioner to participate in conciliation proceedings d....
The court affirmed that the inquiry under Section 11(6) of the Arbitration Act is restricted to the existence of an arbitration agreement, allowing disputes to proceed to arbitration without mandator....
The main legal point established is that invoking the conciliation clause as per the contract and the respondent's failure to respond allows the petitioner to seek the appointment of an Arbitrator un....
The court confirmed the existence of an arbitration agreement and mandated the appointment of a sole arbitrator to adjudicate contract disputes, highlighting the necessity of complying with contractu....
The court emphasized that objections of time-bar and prematurity cannot prevent the constitution of an Arbitral Tribunal, and relied on precedents to appoint a Sole Arbitrator.
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