LARSEN & TOUBRO LTD. Vs. PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) These are two petitions filed by Larsen and Tourbo Ltd. (hereafter referred to as "L&T") against the Public Works Department of the Government of NCT of Delhi (hereafter referred to as "PWD").

(2.) The first petition i.e. ARB. P. 529/2018, is preferred under Section 11(6) read with Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereafter referred to as the "1996 Act"). The second petition i.e. OMP(T)(COMM) 58/2018, is preferred under Section 14(2) read with Section 14(1)(a) of the 1996 Act.

(3.) In essence, the reliefs sought for by L&T via the captioned petitions is that the mandate of the incumbent arbitrator i.e. Mr. Anil Kumar Verma, be terminated and that this Court should substitute his appointment with a sole arbitrator. Qua the issue of appointment of an arbitrator, an alternate plea has also been made, which is, that the procedure for appointment of an arbitrator as incorporated under Clause 25 of the General Conditions of Contract ('GCC') be disregarded and a three-member arbitral tribunal be constituted qua the disputes obtaining between the parties.