SHIVAM INFRASTRUCTURE Vs. SOUTH EAST CENTRAL RAILWAY (SECR)

JUDGEMENT

(1.) Invoking Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, 'the Act of 1996'), the applicant herein has filed this application for appointment of arbitrator.

(2.) Essential facts leading to filing of this application are as under: -

(3.) Mr. Harsh Wardhan, learned counsel appearing for the applicant, would submit that no claim certificate was signed as per clauses 16.(1) and 16.(2) of the general conditions of contract which provides, without execution of no claim certificate, no bill shall be paid and once no claim certificate was signed as per the conditions of contract, immediately, on that day, bills were cleared and security deposit was paid to the applicant. He would further submit that in view of the amendment in the shape of Section 11(6A) of the Act of 1996 by the Arbitration and Conciliation (Amendment) Act, 2015, only the existence of arbitration agreement has to be looked into and all the defences have to be taken care of by the arbitral tribunal and the said amendment has come into force with effect from 23- 10-2015. He would rely upon a very recent decision of the Supreme Court in the matter of M/s. Duro Felguera, S.A. v. M/s. Gangavaram Port Limited,2017 SCCOnLineSC 1233. Therefore, the application deserves to be allowed.