Back
SHREE CHANDRASHEKHAR
Diksha Enterprises – Appellant
Versus
Union of India – Respondent
ORDER :
1. Through this Arbitration Application, M/s Diksha Enterprises has approached this Court for appointment of an Arbitrator in terms of the mechanism for settlement of disputes provided under the Indian Railways Standard General Conditions of Contract, July 2014 (in short GCC-14) which forms part of Notice No. W-584/DHN/2014-15/Open/74/2 dated 19th March 2015.
2. The aforesaid tender notice was issued by the East Central Railway for “Renovation of Sounda-B (NCDC) Private Siding under Deposit terms for CCL; track renewal and other ancillary work of Jarandih-I Private Siding at Jarandih under deposit terms for CCL and like works at Bhandaridah as well as some works for extension of New Selected Dhori Private Siding and Renovation of Central Sounda Private Siding.” It is not in dispute that by a communication dated 17th July 2015 some of the works for which the applicant has submitted bid dated 13th May 2015 was accepted and an agreement dated 12th November 2015 was executed by the Divisional Engineer (Siding) E.C. Railway, Dhanbad (for and on behalf of the President of India).
3. The disputes settlement mechanism under the GCC-14 is provided under Clauses-63 and 64 of GCC-14 unde
The court clarified that in cases falling within the scope of arbitration and arbitrable disputes, an applicant can move an application under section 11(6) of the Arbitration and Conciliation Act for....
The court established that the modified provisions of the General and Special Conditions of Contract (GCC) regarding the constitution of the Arbitral Tribunal were applicable in railway contracts, an....
Arbitration - Merely because the panel of arbitrators are the retired employees who have worked in the Railways, it does not make them ineligible to act as the arbitrators.
The court emphasized the necessity of appointing an independent Sole Arbitrator for arbitration disputes, following the principles established in prior Supreme Court judgments.
The main legal point established in the judgment is that parties may waive the applicability of Section 12 (5) of the Arbitration & Conciliation Act, 1996 by their conduct, and the appointment of an ....
Parties with an arbitration clause must resolve disputes through arbitration, as established in the contract terms.
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 ....
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
