JMC PROJECTS (INDIA) LTD Vs. MRT SIGNALS LTD.

JUDGEMENT

(1.) The petitioners in the above said matter have filed petition under Section 14(1)(b) read with Section 15(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") to appoint any independent and neutral person as substitute sole Arbitrator to adjudicate upon the disputes arisen between the parties under both MoUs dated 14th October, 2014.

(2.) The brief facts of the case are that admittedly on 2nd September, 2014 Railway Vikas Nigam Limited (RVNL) had invited a tender for construction of roadbed, bridges, supply of ballast, installation of track (excluding supply of rails), electrical (general electrification), signalling and telecommunication works in Ahmedabad Division of Western Railway, Gujarat, India in two packages.

(3.) The petitioner No. 1 and 2 along with the respondent signed two independent MoUs dated 14th October, 2014 for Package-I and Package-II respectively in the format prescribed under the tender conditions and formed a Joint Venture by the name of JMC-KPTL-MRTS (JV) for submission of bids for both Package-I and Package-II of the tender floated by RVNL. As per the MoU, the petitioner No.1 was the lead member of the Joint Venture. The said MoUs contained an arbitration clause i.e. Clause 13 therein.