O R D E R

(Passed on this 27th day of January, 2021)

1. This order shall also govern the disposal of this batch of petitions filed under Article 226 of the Constitution of India given the similarity of the issue involved. For the sake of convenience, the facts as narrated in Writ Petition No.12141/2019 are being taken into consideration.

2. The sole question that arises for the consideration of this court is that whether a writ petition is maintainable to challange the appointment of an arbitrator by the petitioner who is not a party to the arbitration agreement.

3. The Writ Petition has been filed against order dated 22.05.2018 (Annexure P/3) passed by the Chief Engineer (CZ), Central Public Works Department, Nirman Sadan, Bhopal MP (respondent No.3) whereby to adjudicate a dispute between respondents No.3 and 4 (on one side) and respondent No.5 (on the other), respondent No.6 has been appointed as an Arbitrator.

4. Petitioner’s contention is that the appointment of respondent No.6, as an Arbitrator, to adjudicate the dispute between respondents No.3 & 4 and respondent No.5 is contrary to Section 12 of Arbitration and Conciliation Act, 1996 (herein after referred to as

“AC Act of 1996)