Order

24/08/2021

1. Heard learned counsel for the respective parties.

2. This arbitration application has been filed under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter to be referred as ‘the Act of 1996’) for appointment of an Arbitrator in terms of Clause 47 of the RFP read with the work order dated 27.03.2018 (Annexure-R-1) entered into between the parties.

3. Learned Counsel for the respondent drew the attention of the Court to clause 35 of the RFP at page 32 which is quoted hereinbelow:-

“35)Appeals

a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, cl