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ARUN BHANSALI, VIKAS BUDHWAR
Bharat Sanchar Nigam Limited – Appellant
Versus
Chaurasiya Enterprises – Respondent
JUDGMENT :
Vikas Budhwar, J.
1. Challenge in these appeals under Section 37 of the Arbitration and Conciliation Act, 1996 (in short ‘A & C Act 1996’) are the orders of the Commercial Court rejecting the objections preferred by the Bharat Sanchar Nigam Ltd. (in short ‘BSNL’) under Section 34 of the A & C Act, 1996 upholding the awards passed in favour of the Chaurasiya Enterprises (in short ‘claimant’).
2. Since common question of facts and law are involved in all the captioned appeals, thus, they are being decided by a common order.
Facts
3. Briefly stated facts, sans unnecessary details are that BSNL in the year 2015 in order to lay down underground Optical Fibre Cable in District Bhadoi floated tenders, seeking bids from the prospective bidders. The claimant is stated to have been issued work orders, however, owing to certain disputes/differences which arose between the parties in respect of different contracts, notices came to be issued by the claimants to the BSNL on 20.03.2019 to clear the outstanding dues within a period of 30 days and, in case, the said request is not acceded, then to appoint an arbitrator in term of Section 12(5) of the 7th Schedule of the A & C Act, 1996. A rem
The court upheld arbitration awards, finding no violation of natural justice, as BSNL's failure to participate justified the ex parte award.
The court upheld the right to appoint a Substitute Arbitrator due to the previous Arbitrator's mandate termination, ensuring the unresolved disputes could be adjudicated. This reflects the essential ....
Court determined claims are not time-barred and appointment of an arbitrator is valid despite the respondent's challenges regarding jurisdiction and limitations.
Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing arbitration.
Arbitration claims must be initiated only after requisite mediation processes have failed; the cause of action arises post mediation conclusion, impacting limitation periods.
The petitioner must first seek termination of the existing Arbitrator's mandate through the appropriate civil court before requesting a new Arbitrator, as the existing proceedings had commenced.
The unilateral appointment of an arbitrator is impermissible under the Arbitration and Conciliation Act, 1996, unless there is a valid express waiver of ineligibility subsequent to the dispute arisin....
Section 28(1)(b) of A&C Act is reproduced as Rules applicable to substance of dispute Where the place of arbitration is situate in India.
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