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PUSHPENDRA SINGH BHATI
Dharma Ram Contractor, Sazedari Registered Firm – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. The instant arbitration application has been filed under Sections 10 & 11 of the Arbitration and Conciliation Act, 1996 claiming the following reliefs :
vr% fdlh lsokfuo`r flfoy ds dk;ksZ esa n{krk j[kus okys Lora= ,oa fu"i{k v/kh{k.k vfHk;ark o blls mPp inLFk vf/kdkjh dh ,dy e/;LFk ds :i esa fu;qfDr ekuuh; mPp U;k;ky; }kjk dh tkosA^^
2. Learned counsel for the applicant submits that the parties are bound by Arbitration Clause i.e. Clause 23 of the Conditions of Contract (Agreement for Civil Construction Works – General Rules and Directions for the Guidance of Contractors), which is reproduced as hereunder:-
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
The main legal point established in the judgment is that due to the amendment in the Arbitration and Conciliation Act, 1996, it is no longer permissible for a party or its official to act as an Arbit....
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
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