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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN
BNB Infracon India Pvt. Ltd. – Appellant
Versus
South Central Railway, Secunderabad – Respondent
ORDER :
1. The parties and lis involved in all the three applications are common and therefore, they were being heard together and disposed of by way of this common order.
2. Heard Sri M. Sridhar, learned counsel for the Applicants, Sri V.T. Kalyan, learned counsel appearing for respondent and Sri B.Mohan, learned counsel appearing for 2 nd respondent/formal party.
3. These applications are filed under Section 11(5 and 6) of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’) to appoint an Arbitrator to adjudicate the disputes between the parties.
CONTENTIONS OF THE APPLICANT:
4. The applicant is a private limited company and engaged in the business of construction and real estate activities. 1 st respondent has issued e-tender notice dated 05.11.2019 for proposed construction of quarters and the applicant having participated in the said tender, stood as a successful bidder.
5. The details of the tender notice, nature of work, costs of work, date of letter of acceptance are mentioned in the tabular form:-
| A.A. No. | Date of E-Tender | Nature of work, | Costs of work accepted Rs. | Date of letter of acceptance |
| 59/ 24 | 05.11.2019 | constructions of sw-1 construction of Type -IV quarters at Bel | ||
Disputes arising from a construction contract are arbitrable, and failure to follow conciliation procedures does not bar the appointment of an arbitrator.
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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 limited jurisdiction of the referral court under Section 11(6a) to examine the existence of an arbitration agreement and the need for a prima facie review to determine the ar....
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 failure to constitute a Dispute Resolution Board in a timely manner waives objections to arbitration, allowing a petitioner to seek appointment of an arbitrator regardless of work completion stat....
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