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2019 Supreme(SC) 1373

R.BANUMATHI, A.S.BOPANNA, HRISHIKESH ROY
Central Organisation For Railway Electrification – Appellant
Versus
ECI-SPIC-SMO-MCML (JV) A Joint Venture Company – Respondent


Advocates Appeared:
For the Petitioner(s):A.N.S. Nadkarni, Priyanka Das, Raj Bahadur Yadav, S.S. Rebello, Rashmi Malhotra, Sunil Upadhyay, Jitin Singhal, Advocates
For the Respondent(s):Sridhar Potaraju, Shiwani Tushir, Shwata Parihar, H. Usha Sri, Tulasi Vishnu Menon, Advocates

JUDGMENT :

R. BANUMATHI, J.

Leave granted.

2. These appeals have been preferred against the impugned orders dated 03.01.2019 and 29.03.2019 passed by the High Court of Judicature at Allahabad in Arbitration Application No.151 of 2018 in and by which the High Court rejected the contention of the appellant that the arbitrator is to be appointed as per General Conditions 64 (3)(a)(ii) and 64 (3)(b) of the Contract and appointed Shri Justice Rajesh Dayal Khare as the sole arbitrator for resolving the dispute between the parties.

3. The appellant awarded work contract of Rs.165,67,98,570/-to the respondent-Company by an agreement dated 20.09.2010 which contains the arbitration clause. Subsequently, after coming into force of Arbitration and Conciliation (Amendment) Act, 2015 (w.e.f. 23.10.2015), the Government of India, Ministry of Railways made a modification to Clause 64 of the General Conditions of Contract and issued a notification dated 16.11.2016 for implementation of modification. The modified Clause 64(3)(a)(ii) (where applicability of Section 12(5) has been waived off) inter alia provided that in cases where the total value of all claims exceeds Rs. 1 crore, the Arbitral Tribunal s


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