HARBHAGWAN HARBHAJAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been filed by the petitioner M/s. Harbhagwan Harbhajan Lal & M/s. Arun Construction Company under Section 14 and 15 of the Arbitration & Conciliation Act, 1996 asserting that the mandate granted to the arbitral tribunal to decide the disputes between the parties, is liable to be terminated for failure of the members of the Tribunal to act without undue delay and that the arbitral tribunal which is composed by the respondent is dejure and de facto unable to continue with the arbitration proceedings.

(2.) THE facts to the extent necessary for adjudication of the present petition are briefly noticed herein. It appears that the respondent was awarded the work of construction of a Road Bridge between the Sardar Patel Marg and the Brar Square Railway in Delhi vide a contract agreement No. 74 -W/4/1/327 -WA/SE RD to the petitioner. As certain disputes arose, with regard to the execution thereof, the petitioner listed certain claims for decision by the respondent under the agreement and invoked the arbitration clause vide a letter dated 1st September, 2003. The respondent sent a letter dated 24th September, 2003 giving names of four Gazzetted Officers and asking the petitioner to suggest the names of two of them as his nominee. The petitioner suggested the names of two persons out of this list as the contractor's nominee vide their letter dated 13th October, 2003.

(3.) AT this stage, it would be useful to notice the arbitration clause between the parties which reads thus: