Back
ARAVIND KUMAR
Bhagwati Construction – Appellant
Versus
Western Railway – Respondent
ORDER :
1. Heard learned advocate Mr. Sukhwani appearing for the petitioner and learned advocate Ms. Archana Amin appearing for the respondents. Perused the records.
2. Petitioner is seeking appointment of a sole arbitrator contending inter alia that it is a registered partnership firm and having got itself registered as a Government approved Contractor, is carrying on the business. Pursuant to tender called for by the respondents, petitioner was awarded the contract for rebuilding of covering shed over Platform No. 1 & Platform surfacing, construction of foot over bridge with ramps and other miscellaneous work in connection with utility shifting for the proposed DFC parallel alignment on Pansar – Palanpur section and an agreement dated 12.06.2018 came to be entered into between the parties in this regard. As agreed under the agreement, the rate was fixed at Rs.7,67,04,303.87. This was proceeded by the acceptance of tender and submission of performance guarantee as well as irrevocable bank guarantee amounting to Rs.38,35,215/- submitted by the petitioner in favour of the Western Railway. The agreement stipulated the time for completion of work as 12 months. Petitioner has alleged tha
The main legal point established in the judgment is the importance of impartiality and independence of arbitrators, as well as the need for a balanced approach to arbitration, as emphasized by the in....
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 employee of the respondent or even a retired employee would be ineligible to be appointed as an arbitrator. The panel of arbitrators should be broad-based and should include persons with diverse b....
The main legal principle established in the judgment is the procedure for appointing arbitrators under the amended Act and the modified Clause 64 of the GCC, emphasizing the ineligibility of certain ....
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 court reinforced that impartiality and independence of arbitrators is essential, disqualifying those with vested interests under Section 12(5) of the Arbitration and Conciliation Act, 1996.
2020 Rules which came into force from the date of their publication in the Official Gazette, i.e. 12.02.2020, cannot be given retrospective effect. The intention of Government of India to make the 20....
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
