JMC PROJECTS (INDIA) LTD Vs. INDURE PRIVATE LIMITED

JUDGEMENT

(1.) This petition has been preferred under Sec. 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 1996 Act), seeking a declaration that the mandate of the learned Arbitrator, presently arbitrating on the dispute between the petitioner and the respondent, stands terminated under Sec. 14 (1) (a) of the 1996 Act, and to appoint a substitute arbitrator, in his place, to continue with the said arbitral proceedings and render award therein.

(2.) Given the nature of the controversy, any detailed reference to the dispute between the parties would be unnecessary, and a brief allusion would suffice.

(3.) The disputes between the parties emanate from a work order, dtd. 6/9/2011, awarded by the respondent to the petitioner. The work order contained General Conditions of Contract (hereinafter referred to as GCC), Clause 14 of which contemplated resolution of disputes, relating to the contract, by arbitration, and read thus: