R S RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Section 8(2)(3) of the Arbitration Act has been filed by Shri R.S. Rana alleging himself to be one of the legal heirs of deceased Harbhajan Singh, who had allegedly entered into an agreement with the respondent No.2 for carrying out the work of S/R to N.H. No. 1, bye pass connecting N.H.1 and N.H.2 upper Bela Road AlipurRoad and Mall Road by laying a fresh layer of 3" thick premix S.H. supply of materials vide agreement No.l4/EE of 1969-70. Clause 25 of the agreement provides that disputes would be referred to Arbitrator to be appointed by the Chief Engineer CPWD, Incharge of the work or if there be no Chief Engineer, the Administrative Head of the CPWD at the time of such appointment. The disputes which had arisen between the parties were duly referred by the order of this court dated 16.3.71 to Mr V.V. Vaze, as sole arbitrator but he resigned due to his transfer to his parent Department OR 31.5.73. Thereafter Shri Joginder Nath was appointed as the sole arbitrator. He also resigned on 29.10.1975. Thereafter the matter was referred to Mr M.S. Telang and on his resignation the matter was referred to Kumari K.P. Sarojini, who on account of her transfer also resigned on 31.8.79. The Chief Engineer, respondent No. 2, wide letter dated 29.1.80 then appointed Shri G.V.G. Krishnamurti as an Arbitrator. He also resigned on account of his transfer. In August, 1988 Shri N. Krishnamurti was appointed as Arbitrator. He also resigned on account of transfer as alleged.

(2.) SHRI R.S. Rana Vs. Union of India & Ors. 69 Thereafter, SHRI Sarvesh Chandra and then SHRI G.D. Chopra were appointed but they also resigned. Eventually, on 4.9.90 SHRI V. Nainani was appointed as Arbitrator but he also resigned vide his letter dated 4.7.91 which reads as under.