DIRECTOR UP TECHNICAL EDUCATION Vs. RITES LTD

JUDGEMENT

(1.) VIDE impugned order dated February 05, 2010 the learned Single Judge has held that only a limited issue was called for decision with respect to a petition filed by RITES Ltd. under Section 34 of the Arbitration and Conciliation Act 1996 which challenged an award dated September 24, 2002 published by Shri Arvind Kumar, the learned Sole Arbitrator.

(2.) THE learned Single Judge has noted that the Notice Inviting Tender issued by RITES Ltd. clearly stated that the tenders were being received by RITES Ltd. on behalf of the Government of Uttar Pradesh. The learned Single Judge has noted that even the letter of award dated November 08, 1996 was signed by one Lt.Col.Arun Kumar on behalf of the Government of Uttar Pradesh. The learned Single Judge has further noted that the Director, UP Technical Education Department was issued a notice, in the capacity of respondent No.2 in the claim petition filed by the claimant Shabir Ahmed and sons. Lastly, the learned Single Judge has noted that the building in question which was constructed by the contractor was belonging to the Technical Education Department of the State of Uttar Pradesh. Since the award was against RITES, the learned Single Judge has directed that the award stands modified and shall operate against the State of Uttar Pradesh.

(3.) TO put it pithily, view taken by the learned Single Judge is that the RITES has acted as the agent of the Technical Education Department of the State of Uttar Pradesh, which as principal would be liable under the contract in question.