AFCONS INFRASTRUCTURE LTD. Vs. RAIL VIKAS NIGAM LIMITED

JUDGEMENT

(1.) The petitioner (hereinafter referred to as 'Afcons') has filed the present petition under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Act') inter alia praying that an arbitrator be appointed - on behalf of the respondent, Rail Vikas Nigam Limited (RVNL) - for adjudicating the disputes that have arisen between the parties in relation to the agreement dated 12.12.2011.

(2.) The controversy involved in the present case essentially relates to the question whether former employees of the parties are disqualified for being appointed as arbitrators by virtue of Section 12(5) of the Act and whether the procedure for appointment of an arbitral tribunal is required to be rejected in its entirety as it entails appointment of serving officers of RVNL/Railways as arbitrators.

(3.) Briefly stated, the relevant facts necessary to address the controversy are as under :