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MOHAMMAD RAFIQ
Vijay Energy Equipments – Appellant
Versus
West Central Railway – Respondent
ORDER :
Mohammad Rafiq, CJ.
1. This application has been filed by applicant - M/s. Vijay Energy Equipments under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short "the Act") with the prayer that this Court may appoint an independent Arbitrator as the applicable clause in the agreement between the parties is in conflict with the prevailing law.
2. According to the case set up by the applicant in the application, the respondent-Railways issued a tender on 05.07.2013 inviting bids for construction of ROB No. 152/2 at Ch 152550 (New No. 150/3 Ch 150627) with 2 x 18 m + 1 x 36 m composite girder including sub-structure and superstructure over NH-75 and allied works in connection with LAR-KHJB new B.G. Rail line project with approximate cost Rs. 599 Lakhs. The applicant also participated in the process of tender and was eventually awarded the work. The applicant submitted a bank guarantee of Rs. 31,24,550/- before the respondent. An agreement was executed between the parties on 16.06.2014. However, the respondent failed to provide the approved drawing in time despite his several requests. The applicant sent a letter on 28.07.2016 requesting that the drawing may be sent
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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.
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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....
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....
Failure to appoint an arbitrator within the stipulated time results in the loss of the right to make the appointment. Appointment of an arbitrator by an ineligible person is void ab initio.
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.
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