LAWS(DLH)-2003-12-39

RAM KUMAR CONTRACTOR Vs. NTPC LIMITED

Decided On December 19, 2003
RAM KUMAR CONTRACTOR Appellant
V/S
NTPC LTD. Respondents

JUDGEMENT

(1.) This is a petition made under the Provisions of Sections 5, 11 and 12 of the Arbitration Act, 1940 seeking revocation of the authority of respondent No. 4 as the sole Arbitrator and for the appointment of an independent and impartial Arbitrator to act as sole Arbitrator between the parties.

(2.) The facts as taken out from the petition are as under:

(3.) The petitioner and respondent No. 1 entered into an agreement for running a canteen within the premises of respondent No. 1 for a period of three years. The licence deed executed between the parties contained various terms and conditions on the basis of which the said canteen was to be operated. This licence deed also contained an arbitration Clause No. 44 which reads as under: