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DELHI HIGH COURT
MUKTA GUPTA
Orissa Concrete and Allied Industries Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. By these two petitions, the petitioner seeks appointment of a Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (`Act' in short) to arbitrate the disputes between the parties.
2. According to the petitioner, the respondent No. 1 awarded the work of manufacturing of sleepers to the petitioner vide letter dated 17th October 2013. The original delivery period for completing the supply against the subject contract was two years and thirty days and the total number of sleepers to be supplied were 1,40,750 at the rate of Rs.1589/- each. Thus, the total value of the contract was Rs.22,36,51,750/-. According to the petitioner, the sleepers were manufactured as per the specifications prescribed by the respondents. Further before the sleepers were dispatched the same were duly approved by the officials of the respondents. The officials of CBI visited the manufacturing unit of the petitioner at Kapa on 10th October 2014 followed by the termination of the contract by the respondents vide their letter dated 18th November 2014. The petitioner thus invoked arbitration in respect of the illegal termination of the contract and claim in respect of the
The court affirmed that distinct disputes can be arbitrated even after a prior award, emphasizing the principle of competence-competence which allows the Tribunal to resolve its jurisdictional issues....
The main legal point established in the judgment is the interpretation of the arbitration agreement, the scope of interference at the referral stage, and the jurisdiction of the court under Section 1....
Failure to appoint an arbitrator within the agreed timeframe under Arbitration Agreement allows the court to intervene and appoint an arbitrator under Section 11(6) of the Arbitration and Conciliatio....
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