PCL SUNCON Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) The petitioner - a Joint Venture constituted by Progressive Construction Limited and SUNCON Construction Berhard, Malaysia - has filed the present petition, inter alia, impugning an order dated 20.04.2020 passed by the two arbitrators terminating the arbitral proceedings under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter 'the A&C Act').

(2.) The present application is filed under Section 14(1)(a) read with Section 15 of the A&C Act. The petitioner further prays for substitution of the Arbitrator by an independent arbitrator appointed by this Court.

(3.) The arbitral proceedings were terminated because the arbitrator nominated by the petitioner had resigned and the petitioner had not taken steps to nominate another arbitrator in his place. Consequently, the arbitral proceedings could not proceed and the remaining two arbitrators constituting the Arbitral Tribunal concluded that it was impossible to continue the proceedings and, accordingly, terminated the same. The petitioner claims that there was a communication gap and the petitioner was not aware that the arbitrator appointed by it had resigned. The Arbitral Tribunal had not issued any notice to the petitioner in this regard prior to terminating the arbitral proceedings.