JSW STEEL LIMITED Vs. SOUTH WESTERN RAILWAY

JUDGEMENT

(1.) The basic issue involved in the instant matter is whether the appointment of the Arbitrator was in conformity with the law laid down by this Court in TRF Ltd. v. Energo Engineering Projects Ltd, (2017) 8 SCC 377 ; and, Perkins Eastman Architects DPC v. HSCC (India) Ltd., (2020) 20 SCC 760.

(2.) The High Court has gone by the decision rendered by a Bench of three-Judges of this Court in Central Organisation For Railway Electrification v. ECL-SPIC-SMO-MCML (JV), A Joint Venture Company, (2020) 14 SCC 712, which decision had distinguished the applicability of TRF Ltd. (supra) and Perkins Eastman Architects DPC (supra) to the fact situation involved therein.

(3.) It has been brought to our notice that subsequently, a Bench of three-Judges of this Court in Union of India v. M/s. Tantia Constructions Ltd., [SLP (Civil) No.12670 of 2020], vide its order dtd. 11/1/2021, prima facie expressed its disagreement with the view taken in Central Organisation For Railway Electrification (supra) and requested the Hon'ble the Chief Justice of India to constitute a larger Bench to look into the correctness of the decision in Central Organisation For Railway Electrification (supra).